Sonntag v. Dor-Vac Corp.

Lawrence, J.,

dissents and votes to reverse the judgment, reinstate the complaint, grant the plaintiffs’ motion to set aside the jury verdict, and grant a new trial, with the following memorandum: In my view, an emergency charge was not warranted. Moreover, this error was exacerbated when the court failed to explain to the jury how the emergency doctrine should be applied to the contested factual issues in this case. Indeed, a fuller review of the facts is necessary to understand this appeal.

As the majority notes, the plaintiffs were injured when a van operated by the defendant Anthony Campana…