Compton v. Pletch

SHEPARD, Chief Justice.

James Brian Compton brought a negli-genee action against Mary R. Pletch stemming from an automobile collision from which Compton incurred medical expenses and other costs. After a jury trial, Compton was found to be forty percent at fault for the accident. Finding that the total damage Compton suffered was $26,000, the jury awarded Compton a verdict against Pletch of $15,600.

Compton appealed, claiming the trial court erred by failing to give the jury a sudden emergency instruction. The Court of Appeals determined the doctrine of sudden emergency is still viable in tort…