Opinion

Kukowski v. Kukowski

  • 385 Pa. Super. 172
  • 560 A.2d 222
  • 1989 Pa. Super. LEXIS 1812
Court
Supreme Court of Pennsylvania
Filed
Jun 21, 1989
Status
Published
Author
Tamilia
On the bench
Montemuro, Tamilia, Montgomery
Cited by
6 cases

"[T]he `assured clear distance ahead' rule applies to static or essentially static objects while the `sudden emergency' doctrine only applies to moving instrumentalities suddenly and unexpectedly thrust into a driver's path of travel."

How later courts described this case

  • "[T]he `assured clear distance ahead' rule applies to static or essentially static objects while the `sudden emergency' doctrine only applies to moving instrumentalities suddenly and unexpectedly thrust into a driver's path of travel."
  • “Reversible error will be found only where the jury instruction has been shown to have been harmful or prejudicial to the complaining party, as well as erroneous.”

Written by the judges who cited it.

The opinion

TAMILIA, Judge,

concurring and dissenting:

I concur in the result as to remand for the purpose of reconsideration of delay damages in light of new Rule 238, and I also concur in the analysis by. the majority of the interplay of the emergency doctrine and the assured clear distance rule. However, I respectfully dissent to the conclusion by the majority that the trial court’s charge on the emergency doctrine was ignored by the jury and therefore was harmless.

We are unable to say to what extent the jury considered the effect of that charge on their decision to apportion damages 40 per cent against Matt Slap Chevrolet and 60 per cent against Chester Kukowski. Pursuant to the analysis of the interrelationship between the emergency doctrine and the assured clear distance rule, which I believe is sound and correct, a jury charge in keeping with that analysis and which made certain that the emergency doctrine did not apply, could well have turned the jury away from a finding of negligence against Matt Slap or reduced its apportionment against it considerably.

I believe the only manner in which justice can be rendered in this case is to grant a new trial with directions that the sudden emergency charge not be given.

Should the result of a new trial once against be in favor of the appellee, then the remand instructions as to the appeal of Rule 238 damages would apply.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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