Gage v. Seal

The appellant Sandra Seal contends that she is entitled to a new trial because it was prejudicial error not to give the requested instruction on the application of the emergency doctrine and, further, that a new trial should be granted because it was prejudicial error not to inform appellants’ counsel that a signaling instruction earlier refused would be given and in submitting a special verdict to the jury in which issues of negligence, causation, and comparison appeared in single questions.

*664“The application of the emergency rule rests upon the psychological fact that the time which elapses…