Jankowski v. A. O. Smith Corp.

The controlling issue is whether it was error to instruct the jury as to the emergency instruction. 1

*443The plaintiff-appellant contends that “[t]he trial court erred in giving an emergency instruction to the jury regarding the individual defendant’s conduct when in fact the sole cause of the collision was the individual defendant’s negligence as to management and control and as to speed.”

The emergency instruction should he given upon proper request when three conditions are present:

“ ‘The emergency instruction is proper when three conditions are met:

“ ‘ (1) The party seeking its benefits must…