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Rayfield v. Farris

A jury charge on sudden emergency was not warranted where the evidence showed that defendant had no choice but to hit the vehicle in front of her when her brakes failed.

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Amy Rayfield appeals from a jury verdict entered against her in this automobile collision case. Rayfield asserts that the trial court erroneously failed to instruct the jury on the doctrine of sudden emergency. We disagree and affirm.

The evidence showed that a Chevrolet Blazer driven by Rayfield struck the rear end of a pick-up truck driven by Thomas Hughes, injuring Hughes’s passenger, Beulah Farris. Rayfield testified that she had been following the pick-up truck for 15 to 20 minutes. Shortly before the collision, on a straight, flat section of roadway, Rayfield looked down to push a button on her radio. When she glanced up, Rayfield saw that the pick-up truck and the vehicles in front of it were stopping. At that point, the pick-up truck was approximately 20 to 25 feet away. Rayfield testified that she had a “sudden reaction, just slam on my brakes, that’s all I could think to do.” But, according to Rayfield, her brakes did not work and the Blazer hit the pick-up truck. The jury returned a verdict for Farris in the amount of $30,000.

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