The Pennsylvania Superior Court once again addressed what a sudden emergency is and is not in Olar v. Bennett, 2023 Pa. Super. LEXIS 640 (December 29, 2023)(Lazarus, J.).  

George Olar and Carol Lutz (collectively, the plaintiffs) filed an appeal from the judgment entered in favor of defendant Ronald Bennett, after the trial court denied the plaintiffs’ motion for a new trial. Upon review, the Superior Court concluded that the evidence presented in the automobile accident case failed to establish a foundation for a sudden emergency instruction. The plaintiffs were entitled to their requested instructions on a driver’s duty of care. Finding prejudicial error in the court below, the Superior Court reversed and remanded for a new trial.