Berg v. Nelson

OPINION

MARTIN J. MANSUR, Judge.

The district court permitted the jury to consider the issue of appellant’s negligence in causing an automobile accident in which respondents were injured. The jury found appellant 5% liable for the accident. Appellant sought a judgment notwithstanding the verdict, or in the alternative a new trial, on the theory that the district court should have applied the emergency rule as a matter of law, shielding him from liability. We affirm.

FACTS

On the afternoon of December 21, 1993, appellant Mark Pearson was returning to work after a holiday lunch with his co-workers.…