LAW 604C Lecture Notes - Lecture 8: Jury Instructions, Putty, Summary Judgment
Document Summary
Negligence may be any conduct that creates an unreasonable risk of harm to others. Contested by stewart that since gasoline was being handled, the jury should have been gi(cid:448)e(cid:374) i(cid:374)stru(cid:272)tio(cid:374) that a (cid:862)high degree of (cid:272)are should (cid:271)e used(cid:863) Trial court rules in favor of motts. Standard of reasonable care changes with the circumstances. Thus, the instruction given by the court was not in err. A woman with a stroller jay walks in front of oncoming traffic. Horto(cid:374) (cid:449)as (cid:862)follo(cid:449)i(cid:374)g too (cid:272)lose(cid:863) a(cid:374)d rear e(cid:374)ded posas (cid:272)ar. During trial, the jury is given the sudden-emergency instruction. Jury finds horton free of liability because of the sudden-emergency instruction. Posas appeals that there was insufficient evidence to allow for the jury to be given the sudden-emergency instruction. Reversed and remanded for a new trial. While the woman jay walking constitutes an emergency, horton negligently put herself in a position of peril by admitting she was following too close.
