Lifson v. City of SyracuseAnnotate this Case
Defendant was the driver of an automobile that struck plaintiff's decedent while she was crossing the street, causing her death. Pursuant to defendant's claim that the accident occurred while he was temporarily blinded by sun glare, the trial court instructed the jury on the emergency doctrine in his favor. The court held that, under these circumstances, it was error to give the jury the emergency instruction and the error was not harmless. Accordingly, the order of the Appellate Division, insofar as appealed from, should be reversed, with costs, the amended complaint reinstated as against defendant and the case remitted to the Supreme Court for further proceedings.