Bauman v. Schmitter

Defendant-appellant, Albert Schmitter, appeals from a jury verdict rendered in favor of plaintiff-appellee, Jenny Bauman, in a negligence action evolving from an automobile collision.

Appellee was injured when appellant’s automobile crossed the center line of a two-lane road and collided head-on with an automobile in which appellee was a passenger. Appellant denied negligence on the basis that he was confronted with a sudden emergency as he tried to avoid hitting a dog in his path. The jury found that although appellant was confronted by a sudden emergency which excused his negligence,…