Legal Opinion
Martin v. Alabama 84 Truck Rental, Inc.
New York Court of Appeals
Decided April 24, 1979PublishedCited by 16 opinions
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be affirmed, with costs.
On this record we cannot agree with the plaintiff that the court committed error in refusing to charge the emergency doctrine as a justification for the plaintiffs speeding at the time of the accident. This is particularly so when considered in light of the charge given by the court that the emergency doctrine has no application where the plaintiff participated in the creation of the emergency (cf. Johnson v Hickson, 43 NY2d 906, 908). Nor do we agree that the court erred in allowing…
2Cases cited1 opinion
- Jhonson v. HicksonNew York Court of Appeals · 1978
3Cited by16 opinions
- Sweeney v. McCormickAppellate Division of the Supreme Court of the State of New York · 1990
- People v. BaranekAppellate Division of the Supreme Court of the State of New York · 2001
- Goldstein v. United StatesDistrict Court, E.D. New York · 1998
- Acunto v. ConklinAppellate Division of the Supreme Court of the State of New York · 1999
- HUFF, YVETTE v. RODRIGUEZ, ANITA L.Appellate Division of the Supreme Court of the State of New York · 2011
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