Cunningham v. Byers

ORIE MELVIN, J.:

¶ 1 Appellants, Marsha Cunningham and her husband, William John Cunningham, appeal from the judgment entered in the Court of Common Pleas of Butler County in favor of Appellee, Bryan L. Byers. In this appeal, we are presented with the issue of whether the trial court committed reversible error in charging the jury on the sudden emergency doctrine. Because the evidence of record does not support a charge to the jury under this doctrine, we reverse the judgment and remand for a new trial.

¶ 2 The facts and procedural history may be summarized as follows. On November 24, 1993, at…