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Armandroff v. Cushing

Evidence that defendant skidded into the vehicle in front of her after that driver slammed on her brakes and rear-ended plaintiff's car supported the trial court's charge on skidding.

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Judy Armandroff filed a negligence claim against Deborah Cushing for damages allegedly arising from a three-car collision. Following a trial, the jury returned a verdict in Cushing’s favor. Armandroff appeals, contending that the court erred by giving a jury charge regarding a skidding automobile. Because we find that this charge, considered in light of the charge as a whole, was not error, we affirm.

On a rainy day in November 1995, Armandroff stopped her car because the one in front of it had stopped to turn left at the intersection ahead. Cheryl Linden1 was driving a sports utility vehicle SUV behind Armandroff, and Cushing was driving a Mazda 626 behind Linden. Although the SUV obstructed Cushing’s view of the cars in front of it, Cushing could see that the traffic light at the intersection was red, and was slowing her car. According to Cushing, the SUV “slammed on its brakes, at which point she heard a collision.” The SUV had rear-ended Armandroff’s car. When Cushing applied her brakes, her car skidded and rear-ended the SUV. Armandroff testified that she felt “two almost simultaneous impacts.”

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