LGST 101 Chapter Notes - Chapter 1: Jury Instructions
30 Sep 2015
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D was driving when another driver entered the road and drove towards him. When d saw the other car driving towards him, he accelerated and swerved left to avoid what he perceived would be a head on collision. As a result, d crossed the yellow line into oncoming traffic and collided with p"s vehicle. The d was seriously injured as a result. The other driver continued, not realizing what had happened. The police stopped her and asked her to return to the scene. A damage action was brought against the other driver (magnusson) and they settled. Now, the p brings this suit against the d. Yes, in this case the court holds that the jury instruction given was proper. The emergency instruction should be confined to the case in which the emergency is not of the routine sort produced by the impending accident but arises from events the driver could not be expected to anticipate.
