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FELDER v. CAROLINA FREIGHT CARRIERS

156 A.D.2d 540 (1989)

Gary Felder, Plaintiff, and Milton Clarke et al., Respondents, v. Carolina Freight Carriers et al., Appellants. (Action No. 1.) Alexander Morales, Respondent, v. Carolina Freight Carriers et al., Appellants. (Action No. 2.) Richard Wong, Respondent, v. Carolina Freight Carriers et al., Appellants. (Action No. 3.)

Appellate Division of the Supreme Court of the State of New York, Second Department.

December 18, 1989

Ordered that the judgment is affirmed insofar as appealed from, without costs or disbursements.

We find no error in the court's refusal to charge the emergency doctrine (see, PJI 2:14) in this case. The drivers of the vehicles involved in this three-vehicle, pile-up collision were not presented with any sudden and unforeseen condition. They should reasonably have anticipated and been prepared to deal with the situation with which they were confronted (see...

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