Soto and other witnesses testified that the infant plaintiff ran into the path of Soto's car from between two parked school buses. Although Soto did not expressly plead the applicability of the emergency doctrine as an affirmative defense, he did plead, as parts of his affirmative defenses, that the accident was solely the result of the infant plaintiff's negligence in "walking into the path" of his vehicle "at a place other than a crosswalk." Accordingly, the motion court...
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