Turner v. SMITH

Concurring and Dissenting Opinion by

Cer-cone, J.:

Upon consideration of the court’s charge in full, and in light of the facts and circumstances of this case, I do not believe that the lower court’s reference to “assured-clear-distance-ahead” constituted a charge thereon. On the other hand, I do agree that the court’s refusal to charge on reckless driving was error. Therefore, for the reasons which follow, I would affirm the judgments entered in favor of the passengers against the drivers of the two vehicles in question, Terry Lake and Charles Smith. However, I would reverse and remand for a…