Dunleavy v. Miller

OPINION

MONTGOMERY, Justice.

We granted certiorari to review the defendant-petitioner’s contention that New Mexico should withdraw adherence to the “sudden emergency” doctrine in negligence cases and discontinue use of the corresponding Uniform Jury Instruction on sudden emergency, SCRA 1986, 13-1617 (Repl.Pamp.1991) (UJI Civil 1617). In addition, the case raises the question whether a plaintiff who recovers a judgment against the defendant but fails to accept an offer of judgment pursuant to SCRA 1986, 1-068 (Repl.Pamp.1992) (Rule 68) may be deemed the “prevailing party” for purposes of…