Long v. Corvo

OPINION

BIRDSALL, Judge.

This action arose out of an auto-pedestrian accident which occurred at night on December 14, 1975 in Tucson. The plaintiff pedestrian was crossing the two lane street from west to east and defendant was southbound in his motor vehicle. The plaintiff was not in a marked crosswalk and was struck somewhere near the center of the roadway.

Defendant requested and the court gave, over objection, the following “sudden emergency” instruction:

“A person who, without negligence on his part, is suddenly and unexpectedly confronted with peril arising from either the actual presence…