Monday, September 15, 2008

Wilson v. Sibert

Wilson v. Sibert
535 P.ed 1034 (Alaska 1975)

Facts: Plaintiff, Wilson, pulled up behind defendant, Sibert, at a drive-in window. When the car in front of Sibert suddenly reversed, Sibert reacted by shifting into reverse and driving backwards, thus slamming into Wilson's car.

Procedure: Trial court found that Sibert was not negligent; Plaintiff appeals.

Issue: Did the court err in denying a motion for directed verdict? Did it err in adding the sudden emergency doctrine to the jury instructions (by prejudicing the jury)?

Holding: No and No.

Reasoning: The motion was correctly denied because the facts allowed for a reasonable diversity of opinions. Jury instructions are left up to the trial court unless there is evidence of an abuse of discretion.

No comments: