Dunleavy v. Miller

OPINION

APODACA, Judge.

Plaintiff appeals a jury verdict in her favor against defendant for damages resulting from an automobile accident. Plaintiff argues three issues on appeal: the trial court erred in (1) refusing to give a jury instruction on sudden emergency, (2) ruling that plaintiff could not recover costs from defendant because she was not the prevailing party, and (3) awarding defendant all of his costs. We hold that plaintiff was entitled to an instruction on sudden emergency because there was sufficient evidence to support the giving of the instruction under the facts of this…