Jury sides with defendant arguing sudden emergency.
A driver who was sued for a crash that occurred after he was allegedly forced out of a high-occupancy vehicle lane wasn’t to blame, a jury found. Larry Kelly was driving on Highway 75 in Plano and was rear-ended by a car that was rear-ended by Donald Miller. Kelly was in the left lane nearest the HOV lane. Kelly claimed that Miller was negligent because he crossed the HOV dividers and failed to control his speed. Miller maintained that an unidentified vehicle swerved into the HOV lane several vehicles ahead of him, and that the drivers ahead of Miller slammed on their brakes, forcing him to swerve out of the HOV lane and into the left lane. At Miller’s request and over Kelly’s objection, the judge gave the jury an instruction about sudden emergencies.
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