Fine Points of Law

In November, a New York appeals court approved a Rockland County judge’s jury instructions, which had resulted in the jury’s absolving Brittany Lahm of fault when she flipped her car on the New York Thruway, killing one passenger and injuring others. Lahm was driving friends home from the beach when one passenger unexpectedly unfastened Lahm’s bikini top, leading her to stretch her arms to re-tie it, which caused her to lose control of the car. The judges ruled the jury could (and ultimately did) consider that Lahm faced an “unforeseen emergency” and was not negligent. The only fatality in the crash was the original unfastener.