Legal Opinion

Banchs v. Colón

Supreme Court of Puerto Rico

Decided November 29, 1963No. R-62-306Published

1Opinion of the CourtJustice Rigau

We issued a writ of review to examine the application made by the trial court of the sudden emergency doctrine, *473also known as imminent peril, to the particular facts of this case.

The facts are as follows: An adult male, 54 years of age, a truck driver, while operating a large truck along a public highway of Puerto Rico was frightened when he saw a wasp fly into the cab of the truck and applied the brakes suddenly, and as a result of the violent braking a youngster who was riding a bicycle behind the truck, whom the truck had passed 10 seconds before, ran into the vehicle suffering…

2Cases cited25 opinions

  1. Wagner v. International Railway Co.New York Court of Appeals · 1921
  2. Rindge v. HolbrookSupreme Court of Connecticut · 1930
  3. Ritter v. JohnsonWashington Supreme Court · 1931
  4. Lemay v. Springfield Street Railway Co.Massachusetts Supreme Judicial Court · 1911
  5. Lachman v. Pennsylvania Greyhound Lines, Inc.Court of Appeals for the Fourth Circuit · 1947

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