Posas v. Horton

OPINION

By the Court,

Douglas, L:

In this appeal, we consider whether the district court erred in giving a sudden-emergency jury instruction in a rear-end automobile collision case. We conclude that the district court erred in giving the sudden-emergency jury instruction in this case. We further clarify that the sudden-emergency doctrine applies when an emergency affects the actor requesting the instruction and the actor shows that he or she was otherwise exercising due care.

FACTS

The underlying litigation arises from a rear-end automobile accident. Appellant Emilia Posas was driving in her car…