Rowden v. American Family Insurance

The first issue raised on this appeal is whether it was error for the trial court to instruct as to the emergency doctrine. This alleged error was not raised by plaintiff in her motion for a new trial and for that reason that alleged error is not reviewable as a matter of right on this appeal.

While this court might, in its discretion, consider the issue, 2 we find no reason here for so doing. There is no dispute that the cab suddenly changed lanes without signaling and stopped while it was no more than a car length ahead of the defendant. The defendant testified that it took her five seconds,…