Young v. Clark

I conclude that the court’s instruction to the jury on sudden emergency was erroneous and prejudicial as applied to the facts of this case. Furthermore, I would disapprove of the use of this instruction for the future because it is unnecessary, confusing, and places undue emphasis on only a portion of the relevant facts in a negligence action. Accordingly, I respectfully dissent.

I recognize that we have approved the use of sudden emergency instructions on many occasions in the past. See, e.g., Davis v. Cline, 177 Colo. 204, 493 P.2d 362 (1972); Bartlett v. Bryant, 166 Colo. 113, 442 P.2d 425…