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Parminter and Kim: First Published Opinion Applying the Sudden Emergency Doctrine at Summary Judgment

October 16, 2018

Steven R. Parminter (Partner-Los Angeles) obtained summary judgment in an auto accident case on behalf of defendant motor carrier and its driver based on the affirmative defense of Sudden Emergency Doctrine. Steve successfully opposed an appeal filed by plaintiff-appellant in the California Court of Appeal, Second Appellate District. The ruling was affirmed because the respondents were not liable under the sudden emergency doctrine when, while acting with reasonable care, they were suddenly and unexpectedly confronted by an emergency they did not cause. Plaintiff-appellant sought further review by the California Supreme Court but has been denied. Before this case, there was no published opinion applying the Sudden Emergency Doctrine at summary judgment in California.

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