Kuhn v. Michael

I agree with the majority that the lower court committed reversible error in failing to charge the jury that the Motor Vehicle Code does not prohibit momentary stopping for *108proper purposes under proper circumstances. However, unlike the majority, I also find reversible error in the lower court’s refusal to instruct the jury pursuant to Kenworthy v. Burghart, 241 Pa. Super. 267, 282, 361 A.2d 335, 343 appeal dismissed, 478 Pa. 20, 385 A.2d 975 (1976).

Whether the defendant’s vehicle did in fact skid across the center line into the opposite lane of traffic was a disputed issue. As the majority…