Sun Glare Held Not To Create an Emergency for Driver Who Struck and Killed Pedestrian

New York’s Court of Appeals has held that a driver who, while making a left turn, struck and killed a pedestrian whom he did not see until only a fraction of a second before hitting her because of sun glare, was not entitled to have the jury instructed on the emergency doctrine. Lifson v. City of Syracuse and Derek Klink, 2011 WL 4834512, 2011 N.Y. Slip Op. 07145 (Decided October 13, 2011). The common-law emergency doctrine recognizes that when an actor is faced with a sudden and unexpected circumstance which leaves little or no time for thought, deliberation or … Read the rest

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