Lentz v. Northwestern National Casualty Co.

The trial court instructed the jury as to the emergency doctrine. The plaintiff contends that this was error.

The defendant Wallace testified that it was not yet daylight as he approached the truck, and that it was foggy, resulting in poor visibility. He did not see the truck until he was within 25 or 30 feet from it and.was then unable to avoid the collision. Stahl testified that he left the parking lights on the truck and a witness for the defendant, who passed the truck minutes ahead of Wallace, testified that he saw the taillight. Wallace claimed that he did not see it. In Barker Barrel…