Zamora v. Smalley

NOBLE, Justice.

The action was one for personal injuries arising out of a rear-end automobile collision. From a judgment based upon a jury verdict for the defendant the plaintiff has appealed. For convenience, we shall refer to the parties as they were below.

Plaintiff makes a two-fold attack upon instruction No. 12 on unavoidable accident. First, that under the facts it was error to instruct on unavoidable accident and, second, that the instruction given was an incorrect and incomplete statement of the law.

The answer alleged unavoidable accident as an affirmative defense. Plaintiff asserts…