Thomas v. Settle

By Judge James H. Chamblin

After consideration of all the memoranda and letters of counsel, the argument on October 17,1994, and the transcript of the testimony at trial of Christopher D. Settle, the Plaintiffs’ Motion to Set Aside the Verdict and Award a New Trial is denied for the reasons that follow. Each ground of the Motion is addressed below.

Sudden Emergency Instruction

The basis of the Plaintiffs’ argument that I erred in granting Instruction No. R is that no sudden emergency can occur when a forward car stops suddenly because such stopping is foreseeable. The Plaintiffs seem to argue…