Driver with untied bikini top cleared in crash

Last updated 08:06 26/11/2013

Relevant offers

Americas

US and Europe piling pressure on Russia Hope for 'wiser minds prevailing' in Texas Nicaragua's First Lady Crises 'show effects of US disengagement' Plane crash lands on father, daughter Lightning zaps Venice Beach boardwalk 'Spider-Man' slugs officer in Times Square Young climber's posthumous art show Will enforcement stop the flow of Central American migrants? US faces intel hurdles in downing of MH17

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