Legal Opinion

Bryant v. Winkler

Court of Appeals of North Carolina

Decided November 22, 1972No. 7225SC802PublishedCited by 3 opinions

1Opinion of the Court

GRAHAM, Judge.

Defendant assigns as error the denial of her request for jury instructions on the doctrine of sudden emergency. She says that she was confronted with a sudden emergency when the Bryant car stopped after having started from a stopped position as if it would proceed across the bridge.

We agree with the trial court that the doctrine of sudden emergency is not applicable here. The doctrine is not available to a party who contributes to the creation of the emergency in whole or in part. 6 Strong, N. C. Index 2d, Negligence, § 4, p. 9. Defendant’s conduct in failing to bring her…

2Cases cited3 opinions

  1. Gillikin v. BurbageSupreme Court of North Carolina · 1965
  2. Short v. Chapman Ex Rel. RhoneySupreme Court of North Carolina · 1964
  3. Johnson v. BrownCourt of Appeals of North Carolina · 1971

3Cited by3 opinions

  1. Masciulli v. TuckerCourt of Appeals of North Carolina · 1986
  2. Holbrook v. HenleyCourt of Appeals of North Carolina · 1995
  3. Banks v. McGeeCourt of Appeals of North Carolina · 1996

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