Druckenmiller v. Cluff

I concur. Today, the court corrects an obvious misstatement of the law which has crept into a few Arkansas cases where AMI 614, our “sudden emergency” instruction, has been in issue. The recurring error is obvious and required this court’s attention and correction.

AMI Civil 3d, 614 provides as follows:

A person who is suddenly and unexpectedly confronted with danger to himself or others not caused by his own negligence is not required to use the same judgment that is required of him in calmer and more deliberate moments. He is required to use only the care that a reasonably careful person…