Regenstreif v. Phelps

KELLER, Justice.

I. ISSUE

A vehicle driven by Appellee, Linda Phelps (“Phelps”), crossed the center line and struck head-on a vehicle driven by Appellant, Charlotte Regenstreif (“Regen-streif’). Because of evidence that “black ice” caused the accident, the trial court’s instructions qualified Phelps’s duties with a sudden emergency instruction. The jury found that Phelps did not violate her duties and returned a verdict in her favor. Was it error to qualify Phelps’s duties with a sudden emergency instruction? Because we hold that the adoption of comparative negligence did not abolish the sudden…