Bjorndal v. Weitman

Plaintiff appeals from a judgment for defendant, following a jury trial in an automobile personal injury case. Plaintiff contends that the trial court erred in giving the so-called “emergency’ instruction, UCJI 20.08. 1 She argues, particularly, that (1) defendant was not entitled to that instruction because the evidence established that any “emergency’ that existed “was created by [defendant”; and (2) in all events, the instruction, as a categorical matter, is “repetitive, unnecessary, confusing[,] and constitutes an improper comment on the evidence” and should never be given.

We reject both…