Templeton v. Smith

*268ROSSMAN, J.

In this rear-end automobile collision case, plaintiffs appeal a judgment for defendant entered after a jury verdict.1 The sole assignment of error is that the trial court erred in instructing the jury on “sudden emergency,” UCJI No. 10.10.2 We reverse.

Defendant testified that she was approaching a red traffic signal behind plaintiffs’ vehicle, traveling in fairly heavy stop and go traffic at not more than 15 miles per hour. She looked in her rear view mirror momentarily. When she looked back at the road, plaintiffs’ vehicle had stopped. Defendant applied her brakes but was unable…