The emergency doctrine supported the warrantless search of a home based on the suspicion that an injured 911 caller or lurking predator was inside, the 9th Circuit has ruled. The defendant called a 911 police dispatcher. Using an assumed name, he told the dispatcher that an ambulance was needed because a gun had gone off and shot him in the foot.
Where the plaintiff brought an action to recover damages for injuries sustained in a multi-vehicle accident, the defendants argued they were confronted with an emergency situation due to inclement weather and were therefore not liable. The emergency doctrine did not automatically absolve the defendants from liability where their reaction to the situation was unreasonable or where prior tortious conduct contributed to the emergency.
Where the plaintiffs commenced an action to recover damages for personal injuries sustained in an automobile accident, there was reasonable evidence the defendant was confronted by a sudden and unforeseen occurrence not of his own making, and therefore the emergency doctrine should have been applied. Reviewing the Nov. 28, 2003 decision of New York State Supreme Court, Erie County Judge Donna M. Siwek in Jennifer Fusco and Michael Fusco v. Necia Hobbes, et al., the Appellate Division, Fourth Department granted a new trial to determine the liability of several defendants.
Trial court properly granted summary judgment to regional transit authority based on bus drivers operation of a passenger bus. Bus driver did not breach duty of care when she braked suddenly to avoid a collision with a vehicle that improperly crossed into the buss lane. Even if such conduct were negligent, bus drivers actions were excused under the sudden emergency doctrine. Plaintiff did not allege in his complaint that bus driver was negligent in failing to obtain the license plate number of the vehicle that caused the bus driver to brake suddenly. Assuming such a claim had been pled and that such a duty existed, bus driver was not negligent in failing to obtain the cars license plate number considering that no collision occurred and bus driver was n...
You'd think there would be some rule of law absolving a driver who runs down a pedestrian he did not see because of sun glare. But according to a decision rendered yesterday by New York's highest court, you can strike the "sudden emergency" doctrine from the unfortunate driver's list of available defenses.
In the Cohen case described herein, the state claims court denied the defendant's motion for summary judgment because there was some question surrounding whether the whirlpool at issue posed an open and obvious risk of drowning to state park visitors. The common-law emergency doctrine which recognizes that when an actor is faced with a sudden and unexpected circumstance which leaves little or no time for thought, deliberation, or consideration, or causes the actor to be reasonably so disturbed that the actor must make a speedy decision without weighing alternative courses of conduct, the actor may not be negligent if the actions taken are reasonable and prudent in the emergency context, provided the actor has not created the emergency.
Concluding the defendant was not confronted with an emergency when she hit the plaintiff's car in order to avoid hitting a bird that she allegedly saw in the road, the New York State Supreme Court, Appellate Division, Fourth Department in S. Kizis, an infant, by her father and natural guardian, Angelo Rivera, and Angelo Rivera v. Toi Nehring, Christopher Lafferty and Christa Kizis determined the plaintiff was entitled to a new trial. The five-judge panel hearing the case included Judges Henry J. Scudder, L. Paul Kehoe, Salvatore R. Martoche, Nancy E. Smith and Elizabeth W. Pine.
A significant step to integrate the multitude of federal, state, regional, and local emergency training initiatives was taken in 2004, when the Federal Emergency Management Agency introduced the National Incident Management System-Incident Command System, a nationwide doctrine for emergency management, which includes common terms and concepts for all levels of emergency responders. Online assessment databases, modeling and simulation technologies, and computer games are rapidly becoming more sophisticated and customizable, offering a cost-effective way to train emergency personnel, to gauge their competencies, and to deploy responders with appropriate skills to the incident site swiftly and effectively. Even though virtual simulations are not a new phenomenon in training, computer-based...
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