Myhaver v. Knutson
-When D saw the other car driving towards him, he accelerated and swerved left to avoid what he perceived would be a head on collision.
-As a result, D crossed the yellow line into oncoming traffic and collided with P's vehicle. The D was seriously injured as a result.
-The other driver continued, not realizing what had happened. The police stopped her and asked her to return to the scene.
-Should the “sudden emergency” instruction by the jury be given in a case involving an automobile collision?
-Yes, in this case the court holds that the jury instruction given was proper.
-In the absence of negligence, the emergency instruction tells the jury that a person confronted with a sudden emergency that deprives him of time to contemplate the best reaction cannot be held to the same standard of care and accuracy of choice as a person who has time to deliberate.
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