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.
Monday, September 15, 2008
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