Weston v. Daniels

ORR, Judge.

The plaintiff appeals from the jury verdict and raises six assignments of error. Four of those issues involve the trial court’s denials of a directed verdict, judgment notwithstanding the verdict, and motion for a new trial. The gravamen of these arguments is that there was insufficient evidence of a sudden emergency to warrant application of the doctrine for the jury’s consideration. Plaintiff argues that the fog that appeared in the intersection just prior to the accident was neither sudden nor did it create an emergency previously unknown to the defendant. We agree and…