Robinson v. Metropolitan Atlanta Rapid Transit Authority

I fully concur in all divisions of the majority opinion except Division 2.1 agree there was no error in refusing to give Robinson’s charge on sudden emergency, but for different reasons than stated by the majority. I believe a charge on sudden emergency was authorized by the evidence. Though the evidence was sparse because Robinson had no memory of the accident, the testimony given by the tow truck driver describing Robinson’s encounter at night with a bus stopped in a lane of Interstate 75, and his last second attempt to avoid the collision, provided a sufficient basis to support a charge on…