Howell v. Cahoon

In this wrongful death case, the sole assignment of error concerning the question of liability involves the trial court’s action in granting a defense instruction on sudden emergency. Finding the court’s action erroneous, we will reverse.

On November 9, 1984, Edward Allen Howell was killed while riding as a passenger in a pickup truck operated by Robin A. Cahoon. On January 2, 1985, Howell’s mother, acting as administratrix of his estate, filed ■ a motion for judgment against Cahoon seeking compensatory and punitive damages. On August 27, 1985, a jury trial resulted in a verdict in favor of…