A pedestrian who was struck and seriously injured by a driver who used the “sudden emergency” defense that he claims precluded him from braking in time to prevent hitting the man is entitled to a new trial, according to the Pennsylvania Supreme Court.

In its 5-2 decision delivered by Justice David Wecht, the court said the trial court erred in instructing the jury to determine defendant Larry Check’s use of the “sudden emergency” defense against plaintiff Francis Graham, and that the Allegheny County Common Pleas Court was also wrong in affirming the trial court last year in Graham v. Check.