Holder ex rel. Holder v. Moore

MORRIS, Judge.

Plaintiff contends that the trial court erred in its instruction by failing to instruct on the duty of care imposed on a motorist to avoid children when he sees or should see a parked school bus with its stop signals fully displayed. We do not agree. The record reveals that the trial court instructed the jury as follows:

“If the defendant could or should have been able to avoid the collision between her car and the child by acting and acting as a reasonably prudent person would have acted under the circumstances, and by reason of her failure to exercise that degree of care the…