JC PENNEY INS. CO. v. ABBINGTON

No. 83AP-792.

14 Ohio App. 3d 26 (1984)

JC PENNEY INSURANCE COMPANY ET AL., APPELLANTS, v. ABBINGTON, APPELLEE.

Court of Appeals of Ohio, Franklin County.

Decided February 14, 1984.


Attorney(s) appearing for the Case

Messrs. Schilder & Haines and Mr. Joseph W. Schilder, for appellants.

Mr. John C. Hemphill, for appellee.


NORRIS, J.

Plaintiffs, JC Penney Insurance Co. and Mary B. Robinson, appeal from an order of the trial court rendering judgment for defendant, Charles L. Abbington, and dismissing their complaint. The issue raised by the appeal is whether the circumstances under which defendant drove his automobile into the rear of plaintiff Robinson's automobile, amount to a sudden emergency which excuses defendant from the operation of the assured-clear distance-ahead-statute.<...

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