Dunleavy v. Miller

Because I would affirm the decision of the district court in refusing to give the sudden emergency instruction to the jury, I cannot agree with that portion of the majority opinion. I do agree with the majority’s discussion of the costs issues raised and concur in that portion of the opinion only.

I. Sudden Emergency

Plaintiff tendered the following sudden emergency instruction that tracked SCRA 1986, 13-1617:

A person who, without negligence on his part, is suddenly and unexpectedly confronted with peril, arising from either the actual presence or the appearance of an imminent danger to himself…