Court holds that negligence of driver's conduct in an emergency still a question for jury

In Salem v. Saleh, a carload of boys was leaving the scene of a drag-race when they heard a gunshot.  One of the boys in the rear seat had been shot.  When the driver realized the situation, he stopped the car to check on the injured boy, and then drove between 90 and 160 miles per hour, through dark City of Detroit streets, to reach a hospital.  Three hundred feet from the ER entrance, he struck a pothole and rolled the car "8 or 10 times" injuring the Plaintiff. 

The trial judge dismissed the injury claim against the driver, holding that he was excused from any potential negligence claim because he was acting in an emergency.  The Court of Appeals reversed, pointing out that whether the driver's extremely excessive speed was excused by the sudden emergency rule was a question for the jury to decide.