Thursday, November 17, 2011

Myhaver v. Knutson case brief

Myhaver v. Knutson
(942 P.2d 445)

-Car collision caused when D served to avoid an oncoming vehicle but crossed the yellow line and hit an oncoming car (P).

-Is a "sudden emergency instruction" ever appropriate?

-Yes, in this case the court said the trial judge did not abuse his discretion in giving the Sudden Emergency instruction.

-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?

-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. 

No comments:

Post a Comment

Landmark Personal Injury Lawsuits and Their Lasting Impact

According to a Forbes article, personal injury lawsuits are civil actions brought by an injured person against the party responsible for the...