Merritt v. Simonson

Billy Ray Merritt, Jr., and his wife, Joy Merritt, appeal from a judgment for the defendant, Cynthia Simonson, entered on a jury verdict.1 The Merritts alleged that Simonson had negligently or wantonly operated an automobile so as to cause it to strike the rear of Billy Ray Merritt's automobile. Billy Ray Merritt claimed damages for pain and suffering and for lost wages. Joy Merritt claimed damages for loss of consortium and for emotional and mental distress and anguish. The issue stated by the Merritts is whether the trial court erred in giving a "sudden emergency" charge to the jury.

On the…