Bardwell v. McLaughlin

I agree with the majority that the “emergency” in which appellee was acting, i.e., his search for one who was apparently the victim of a very serious automobile accident, was not the type of emergency envisioned by AMI, Civil, 614. This evidence was, of course, admissible in order for the jury to determine whether appellee exercised “the care a reasonably careful person would use under circumstances similar to those shown by the evidence in this case.” But I disagree with the majority as to the circumstances under which the “sudden emergency” instruction is to be given.

The “sudden emergency”…