The appellants appealed a summary judgment dismissing their negligence action against one defendant (Franchetto) following a motor vehicle accident.
The motion judge found Franchetto not negligent, applying the "sudden emergency" doctrine.
The Court of Appeal upheld this decision, finding no palpable and overriding error in the motion judge's conclusion that Franchetto's actions were reasonable given the sudden emergency created by the other driver.
The appeal was dismissed.
