University:
University College London
Course:
LAWS0013 | Tort Law
Academic year:

2020
Views:

230

Pages:

1
Author:

Hallie Randolph

The General Duty of Care: The Reasonable and Prudent Person Standard Posas v. Horton Nevada Court 2010 Parties: Procedural History: As a result of the accident, Posas filed a personal injury action against Horton. Despite Posas’s objection during the settling of jury instructions, the jury was given a sudden emergency instruction. The jury returned a verdict in favor of Horton, finding her free from liability for the accident. Posas moved for a new trial, which a district court denied this appeal followed. Accordingly, we reverse the judgment of the district court and remained for a new trial consistent with this opinion. Facts: Appellant Emilia Posas was driving in her car when a woman pushing a stroller began to cross the street in the middle of traffic, directly in front of Posas’s car. Posas stopped suddenly to avoid hitting the jaywalking pedestrian. Respondent Nicole Horton was driving immediately behind Posas and hit the rear of Posas’s car with the front end of her car. Issue: Posas argues that the district court erred in giving the sudden emergency instruction to the jury. Rule: the sudden emergency instruction stated a person confronted with a sudden emergency which he does not create, who acts according to his best judgment or, because of insufficient time to form a judgment fails to act in the most judicious manner, is not guilty of negligence if he exercises the care of a reasonably prudent person in like circumstances. Holding: the instruction tended to mislead or confuse the jury, and the error was pre-judicial…. but for the error, as to the use of reasonable care by Horton, a different result may have been reached by the jury. Reasoning: However, Hortons own testimony belies that fact in light of her statement that she was following too close. Thus, we conclude that Horton cannot appropriately claim that she faced a sudden emergency she placed herself in a position of peril through her own negligence. Arguments: Horton argues that she met the burden for the sudden emergency instruction because the emergency was created by the pedestrian suddenly and unexpectedly crossing the street, and she did not cause the pedestrian to cross the street, and that Horton and Posas each acted as a reasonable person would have by braking to keep from hitting a pedestrian.