Levey v. DeNardo

OPINION

CAPPY, Justice.

This appeal raises the issue of whether the grant of a new trial was properly limited to damages only. Subsumed in that issue is the question of whether the trial court erred in refusing to instruct the jury on the sudden emergency doctrine. For the reasons that follow, we find that it was error to refuse to instruct the jury that the sudden emergency doctrine could apply to Appellant Roland DeNardo and that, therefore, a new trial should be awarded on liability as well as damages.

The instant litigation arose from a motor vehicle collision involving three vehicles. The…