Reinhart v. Young

Because I would abolish the unavoidable accident instruction, which I view as misleading, confusing and unnecessary, I respectfully dissent.

The Court observes that at least eighteen states have determined that the unavoidable accident instruction is never appropriate in a negligence case and that fifteen other states have severely criticized or limited the instruction’s use.1 The Court notes that “it shares [the] reservations” of these jurisdictions yet fails to give litigants any additional guidance regarding the proper application of an instruction which the Court admits may mislead the…