Barath v. Marron

Luciano, J.,

dissents and votes to reverse the judgment and to reinstate the complaint, with the following memorandum:

I respectfully dissent and find that it was reversible error for the trial court to charge the jury with respect to the emergency doctrine based on the testimony presented at the trial. In determining that an emergency situation existed in this case which relieved the defendants of any liability, the majority has extended the class of highway situations which constitute emergencies beyond reasonable limits.

“[The emergency] doctrine recognizes that when an actor is faced with a…