Driver with untied bikini top cleared in crash

Last updated 08:06 26/11/2013

Relevant offers

Americas

Stronger drunken-driving, other laws to take effect in Maryland, US Danielle McLaughlin: America's problem with gender Teen who went back to get milk in school cafeteria to face trial Donald Trump continues attack on former Miss Universe with sex tape allegation What might Donald Trump be hiding in those tax returns he won't disclose? Why the second US presidential debate will be disastrous for Donald Trump Woman killed in US train crash had recently moved to New Jersey from Brazil Never touch anything that looks like Donald Trump's hair Clip surfaces of Donald Trump's remarks about teacher who had sex with a student Witnesses describe the carnage, after a US commuter train crashed in New Jersey

A US court has cleared a driver in a fatal crash after agreeing she faced an "unforeseen emergency" when a back-seat passenger untied her bikini top.

Brittany Lahm of Manhattan briefly took her hands off the wheel when her bikini top came off while she was driving in New York in July 2008, the Daily News reported.

Lahm and a group of friends were returning to Rockland County after a day at the New Jersey shore when Brandon Berman allegedly pulled the bikini strings. He was killed when the vehicle hit a guardrail and flipped.

In a 3-1 decision, the Brooklyn Appellate Division last week upheld a Rockland jury verdict, which found Lahm's bikini top problem constituted "a sudden and unforeseen emergency not of her own making."

The verdict came after a 2011 civil trial brought by Jason Pelletier, one of four passengers in Lahm's car.

Pelletier, who was injured in the crash, sued Lahm for damages. He testified that she leaned forward for about 20 seconds as she attempted to retie her bathing suit top. His lawyers argued that she should have pulled over before trying to adjust her top.

Lahm testified that she took her hands off the wheel for only a second.

All the occupants of the car were 19 at the time.

In his appeal, Pelletier argued that the judge should not have instructed the jury on an emergency doctrine that says a motorist facing an unexpected circumstance may not be negligent.

Ad Feedback

- AP

Special offers

Featured Promotions

Sponsored Content