JC Penney Insurance v. Abbington

Plaintiffs, JC Penney Insurance Co. and Mary B. Robinson, appeal from an order of the trial court rendering judgment for defendant, Charles L. Abbington, and. dismissing their complaint. The issue raised by the appeal is whether the circumstances under which defendant drove his automobile into the rear of plaintiff Robinson’s automobile, amount to a sudden emergency which excuses defendant from the operation of the assured-clear distance-ahead-statute.

Robinson testified that she had driven her automobile up the entrance ramp onto 1-70 and was eastbound in the right lane; that it was raining;…