Martin v. Alabama 84 Truck Rental, Inc.

• Decision Date: 24 April 1979
• Citation: Martin v. Alabama 84 Truck Rental, Inc., 417 N.Y.S.2d 56, 47 N.Y.2d 721, 390 N.E.2d 774 (N.Y. 1979)
• Parties: , 390 N.E.2d 774 Charles P. MARTIN, Appellant, v. ALABAMA 84 TRUCK RENTAL, INC., et al., Respondents, et al., Defendant.
• Court: New York Court of Appeals Court of Appeals

Page 56

417 N.Y.S.2d 56

47 N.Y.2d 721, 390 N.E.2d 774

Charles P. MARTIN, Appellant, v. ALABAMA 84 TRUCK RENTAL, INC., et al., Respondents, et al., Defendant.

Court of Appeals of New York.

April 24, 1979.

Alan Leonard Levy and Eugene A. Wolkoff, New York City, for appellant.

John B. Sherman, New York City, Lewis I. Wolf, Brooklyn, and Abraham Shapiro, New York City, for respondents.

OPINION OF THE COURT MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

On this record we cannot agree with the plaintiff that the court committed error in refusing to charge the emergency doctrine as a justification for the plaintiff's speeding at the time of the accident. This is particularly so when considered in light of the charge given by the court that the emergency doctrine has no application where the plaintiff participated in the creation of the emergency (cf. Johnson v. Hickson, 43 N.Y.2d 906, 908, 403 N.Y.S.2d 722, 723, 374 N.E.2d 616, 617). Nor do we agree that the court erred in allowing cross-examination on the plaintiff's failure to renew his driver's license. Although such testimony is inadmissible on the issue of negligence, the record reveals that the court allowed the jury to consider this solely on the issue of credibility....