Driving Conduct

Driving Conduct
Where a driver ran a red light and collided with a vehicle; and the driver testified that he sneezed several times as he approached the intersection, that when he stopped sneezing he was blinded by the sun, that he was aware of the upcoming intersection during the sneezing episode, and that he decided not to brake or take his foot off the accelerator; the Court concluded it was error to instruct the jury on the emergency rule because none of the Minnesota cases dealing with the emergency rule have involved sneezing or a comparable physical problem, and the evidence does not support a conclusion that sneezing deprived the driver of time for thought or the opportunity to weigh alternative courses of action or required him to act speedily by impulse or instinct.
Barnes v. Dees (Hennepin County) A06-240