Radecki v. Lammers

The sole question presented by the record in this cause may be stated as follows:

Does the record disclose any substantial, probative evidence to warrant an instruction to the jury upon “sudden emergency” by the trial court?

The Court of Appeals does not criticize the trial court’s definition of “sudden emergency” or the wording used in discussing it. See Francis v. Bieber, 10 Ohio St. 2d 65; Spalding v. Waxler, 2 Ohio St. 2d 1; Satterthwaite v. Morgan, 141 Ohio St. 447. The finding of error is confined to the bare statement that there was “no evidence in the record presenting an issue of…