LEAHY v. McCLAIN


732 A.2d 619 (1999)

Alerie J. LEAHY, Appellant, v. Gary McCLAIN, Appellee.

Superior Court of Pennsylvania.

Filed June 11, 1999.


Attorney(s) appearing for the Case

Edward A. Stern, Conshohocken, for appellant.

Adam A. Desipio, Norristown, for appellee.

Before HUDOCK, EAKIN and MUSMANNO, JJ.


HUDOCK, J.:

¶ 1 In this appeal we are asked to determine whether the sudden emergency doctrine is an affirmative defense that must be specifically pleaded in order to support a jury instruction. Valerie J. Leahy (Appellant) appeals from the judgment entered in favor of Gary McClain (Appellee) after a jury determined that Appellee was not negligent. Appellant argues on appeal that the trial court erred by charging the jury on the sudden emergency doctrine. In...

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