Meaney v. Rubega

I respectfully dissent because I firmly believe that a defendant’s claim of sudden brake failure constitutes an affirmative defense.

Whether “sudden brake failure” constitutes an affirmative defense presents us with a question of first impression. Dyer v. Herb Prout & Co., 126 N.H. 763, 498 A.2d 715 (1985), cited by the majority, had nothing to do with sudden brake failure; that case involved a vehicle which left the highway, turned over, and burst into flames. We held that the trial court erroneously gave the jury a “pure accident” instruction.

In the case of “sudden brake failure,” some…