Myhaver v. Knutson
(942 P.2d 445)
FACTS
-Car collision caused when D served to avoid an oncoming vehicle but crossed the yellow line and hit an oncoming car (P).
ISSUE
-Is a "sudden emergency instruction" ever appropriate?
HOLDING
-Yes, in this case the court said the trial judge did not abuse his discretion in giving the Sudden Emergency instruction.
RULES
-The Sudden Emergency instruction should be confined to cases in which the emergency is not of the routine sort produced by the impeding accident but arises from events the driver could not be expected to anticipate.
-Ask: Could the party have reasonably anticipated the events that took place?
ANALYSIS
-There are cases in which the instruction may be useful or may help to explain the need to consider the emergency and the consequential reflexive actions of a party when determining reasonable care.
-Rule is not favored, however.
The best place for complete law school case briefs and law-related news. Want to advertise or post sponsored content? contact us at mrmetropolitan@gmail.com
Subscribe to:
Post Comments (Atom)
The Evolution of Legal Marketing: From Billboards to Digital Leads
https://www.pexels.com/photo/coworkers-talking-outside-4427818/ Over the last couple of decades, the face of legal marketing has changed a l...
-
Class 1: Elements of Fundamental Value: Present Value, Future Value, Net Present Value: Elements of Fundamental Value (38) One year : ...
-
I can help you land in the top 10% of your law school class. Imagine, how your life would be different if you were in the top 10% o...
-
Case Brief: Bonito Boats, Inc. v. Thunder Craft Boats, Inc. 489 U.S. 141 (1989) Facts: In this case, Bonito Boats, Inc. (Bonito) and Thunder...
No comments:
Post a Comment