On order of the Court, the application for leave to appeal the September 9, 2003 judgment of the Court of Appeals is considered, and it is DENIED, because we are not persuaded that the questions presented should be reviewed by this Court.
MARKMAN, J., dissents and states as follows:
I would peremptorily reverse the decision of the Court of Appeals and remand for a new trial. I believe that the trial court improperly instructed the jury on the "sudden emergency...
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