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The elements of sudden emergency are 1. the condition must have arisen suddenly; 2. it must have arisen unexpectedly; 3. it must not have been proximately caused by the negligent act or omission of the person whose conduct is being inquired about; and 4. the conduct that would constitute negligence under ordinary circumstances must have occurred after the emergency arose without giving the person time to deliberate.
August 04, 2003 at 12:00 AM
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The original version of this story was published on Texas Lawyer
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