In its recent decision in the case of Graham v. Check, No. 42 WAP 2019 (Pa. Dec. 22, 2020)(Op. By Wecht, J.), the Pennsylvania Supreme Court provided guidance for when a jury should be instructed on the still viable sudden emergency doctrine in a motor vehicle accident case.

While some commentators darted out in front of the decision to sound the death knell for the doctrine in Pennsylvania, a fair reading of the Graham decision shows otherwise.

Validity of the Doctrine Reaffirmed