INTERNATIONAL SALES-RENTALS LEASING COMPANY, A FLORIDA CORPORATION, APPELLANT,
v.
PEGGY ANN NEARHOOF, A MINOR, ET AL., APPELLEES
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International Sales-Rentals Leasing Company appeals a jury verdict in an automobile negligence case arising from a multi-vehicle collision. The court affirms the judgment, rejecting challenges to expert testimony regarding vehicle speed and the applicability of the sudden emergency doctrine.
The court affirmed the judgment, holding that the expert testimony was properly admitted and that the sudden emergency doctrine does not apply when the defendant driver's negligent operation created the emergency.
[1] Expert testimony regarding vehicle speed is admissible even if based on assumptions favorable to the challenging party, especially when the testimony is cumulative of oth…
[2] The "sudden emergency" doctrine is inapplicable when the emergency was created by the defendant's own negligent operation of their vehicle.
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Join FLexlaw to unlock all legal intelligence“It is axiomatic that the "sudden emergency" doctrine does not apply where the defendant driver by negligently operating his vehicle created that emergency.”
Establishes the key legal principle that a negligent driver cannot invoke the sudden emergency defense for emergencies of their own making.
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Join FLexlaw to unlock all legal intelligenceOn May 14, 1968, a serious multi-vehicle collision occurred on a two-lane road near Jewfish Creek Bridge in Monroe County with a 45 mph speed limit. W…
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Defendant-appellant International Sales-Rentals Leasing Company (“International”) appeals from an adverse final judgment entered pursuant to a jury verdict in an automobile negligence action. It advances as points for reversal the admissibility of testimony as to speed of one car and the applicability of the “sudden emergency” doctrine.
Appellees-plaintiffs, the Nearhoofs, filed suit against Duffy (the driver), Seaboard Properties, Inc. (Duffy’s employer), and appellant-international (the vehicle owner). A serious, multiple automobile crash occurred on May 14, 1968, just north of Jewfish Creek Bridge on a two-lane road in Monroe County. There was a 45 mile per hour speed limit.
Williard Nearhoof, the driver of the Nearhoof vehicle, was traveling north when he saw the car ahead of him make a U-turn (from north to south). His children and wife were passengers, and he was towing a utility trailer. Duffy was traveling from north to south and approaching the road ahead of the bridge. The U-turning vehicle crossed in front of Duffy while it proceeded to the western shoulder of the south-bound lane and did not re-enter the road. The vehicle made the turn without signalling.
When Nearhoof saw Duffy approaching he applied his brakes and swerved toward the eastern shoulder of the road. Duffy jammed on his brakes and swerved into the Nearhoof car.
The trial court denied appellants’ motion to strike the testimony of an expert witness who was both a metallurgist and mechanical engineer. His testimony was that Duffy was traveling at 50-55 miles per hour (on a road with a 45 miles per hour speed limit). Appellant has challenged the assumptions and procedures employed. There were conflicts in the testimony, but the expert employed assumptions which were favorable to appellant. Moreover, the expert’s testimony was cumulative, for there was ample evidence in the record indicating that Duffy was inatten*351tive or speeding, or both. For instance, Duffy was the only car, of the several cars on that road at that time, which did not slow down for the U-turning car.
It is axiomatic that the “sudden emergency” doctrine does not apply where the defendant driver by negligently operating his vehicle created that emergency.
Therefore, the judgment should be, and hereby is, affirmed.
CARROLL, J., dissents.
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Nearhoof v. Int'l Sales-Rentals Leasing Co., 251 So. 2d 717 (Fla. 3d DCA 1971)…laim against GEICO for $19,500. In May, 1969, GEICO intervened in the tort suit. In December, 1969, the jury verdict returned was for $70,000. After post trial motions, International filed the appeal in International Sales v. Nearhoof, Fla.App.1971, 251 So. 2d 349 (3rd Dist.Ct.App. released this date.) We have examined the several contentions of the parties herein, but deem it necessary only to resolve the issues as to the correctness of the set-off and the availability of the subrogation right. Both these i…
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Connolly v. State, 350 So. 2d 36 (Fla. 3d DCA 1977)…rmless in nature. Section 924.33, Florida Statutes (1975); see Urga v. State, 155 So. 2d 719 (Fla.2d DCA 1963); see also Hughes v. Canal Insurance Company, 308 So. 2d 552 (Fla.3d DCA 1975) and International Sales-Rentals Leasing Company v. Nearhoof, 251 So. 2d 349 (Fla.3d DCA 1971). Accordingly, no reversible error having been made to appear, appellant’s conviction must be and is hereby affirmed. Affirmed.…
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Int'l Sales-Rentals Leasing Co. v. Nearhoff, 255 So. 2d 682 (Fla. 1971)…Certiorari denied. 251 So. 2d 349. ROBERTS, C. J., and ERVIN, CARLTON, McCAIN and DEKLE, JJ., concur.…
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