Leighton v. Sim

The opinion of the Court was delivered by

ARNOLD M. STEIN, J.A.D.

Plaintiff appeals the jury verdict of no cause for action and the denial of her new trial motion.

We reverse and remand for a new trial because the trial judge gave prejudicial, misleading instructions to the jury. He should not have charged the sudden emergency doctrine in this pedestrian knockdown case. There was nothing sudden about plaintiff’s appearance in the roadway in front of defendant and there was no emergency to which he had to react, unless it was one created by his inattention to conditions directly in his path.

The…