Aldrich v. Madison Taxi of Buffalo, Inc.

Judgment and order unanimously affirmed, with costs. Memorandum: Defendant-appellant contends that the trial court committed reversible error in refusing certain requested Pattern Jury Instructions relative to an emergency situation and a person under a disability. The court properly refused to charge the common law standard of care in an emergency situation (PJI 2:14) under the facts in this case. Since pedestrian plaintiff was struck by defendant’s taxi as he was crossing at or near an unmarked crosswalk in an urban area, appellant was not confronted with a "sudden and unforeseen…