Skoglie v. Crumley

Opinion

THE COURT.

This case arises out of a personal injury accident wherein a motorcycle being operated by appellant collided with an automobile driven by respondent. Appellant and respondent were plaintiff and defendant, respectively, in the trial court.

The case was tried before a jury. Appellant submitted BAJI Instruction No. 4.40, concerning the duty of one in imminent peril, and requested that the instruction be given. The trial court declined to do so on the ground that such an instruction was only applicable when the actor involved had the choice of at least one other course of conduct…