How and when a judge can charge a jury on the sudden emergency doctrine in motor vehicle cases was the focus of two recent Superior Court decisions.
In Leahy v. McClain PICS Case No. 99-1154 (Pa. Super. June 11, 1999) Hudock, J. (13 pages), the court ruled that the sudden emergency doctrine is not an affirmative defense and need not be specifically pleaded as a new matter for a judge to charge a jury with the doctrine.
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