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AMES v. DIPIETRO-KAY CORP.12/8/1992
experience to the facts revealed by the evidence." Jackson v. Frederick's Motor Inn, 418 A.2d 168, 174 (Me. 1980). We conclude that there exists sufficient credible evidence in the record to support the jury's factual determination. Therefore, since the jury's verdict was not clearly erroneous and because the Superior Court did not clearly abuse its discretion in refusing to grant a new trial, the judgment of the trial court is affirmed.
II.
Volvo and Dipietro-Kay also argue that the Superior Court erred by instructing the jury on the emergency doctrine. The emergency doctrine recognizes that one "who is confronted with an emergency situation is not to be held to the same standard of conduct normally applied to one who is in no such situation." See W. Prosser and W. Keeton, The Law of Torts, ยง 33, at 196 (5th ed. 1984). We have previously described an emergency as "the perplexing contingency or complication of circumstances, in the making or bringing together of which . . . no negligence of the [plaintiff] had to do." Wing v. Morse, 300 A.2d 491, 497 (Me. 1973) (quoting Coombs v. Mackley, 127 Me. 335, 338, 143 A. 261, 262 (1928)). However, " f there is sufficient time, even though very brief, in which to take deliberate action after being confronted
The court's instruction in the present case constituted a correct statement of the law and the court properly delegated the ultimate decision to the trier of fact. See id. at 115. Furthermore, based on the evidence introduced at trial, the jury could rationally have found that an emergency situation existed. In order to dock his ten ton boat, Ames needed sufficient power to put the boat into reverse gear. Volvo and Dipietro-Kay admitted at trial that a dislodged air filter could cause turbo failure which could, in turn, result in an immediate and substantial loss of power. Without sufficient power and because of the proximity of Ames's boat to the dock, there was a possibility that Ames would not be able to remove the air filter from the air intake valve in time to avoid crashing into the pier.
The entry is:
Judgment affirmed.
All concurring.
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