Pinckney v. Baker

JOHN, Judge.

Plaintiff Robin Walden Pinckney (Pinckney) and third-party defendant/counter plaintiff Kimi Ann Luces (Luces) appeal the trial court’s judgment dismissing the claims of each against defendant/third party plaintiff Joseph Cline Baker (Baker). Pinckney and Luces maintain the court committed reversible error, inter alia, by instructing the jury on the doctrine of sudden emergency. We find merit in this contention and award a new trial.

Relevant factual and procedural information includes the following: On 21 February 1995, Pinckney was a passenger in an automobile operated by Luces on…