Lyons v. Midnight Sun Transportation Services, Inc.
928 P.2d 1202 · Alaska Supreme Court · 1996
Facts
Esther Hunter-Lyons was killed when her van, pulling out of a parking lot, was struck by David Jette's truck. Lyons sued Jette for negligence, and the jury was given a sudden emergency instruction. The jury found Jette negligent but not the legal cause of the accident.
Issue
Did the trial court err by giving a sudden emergency instruction to the jury, and is such an instruction compatible with Alaska's comparative negligence system?
Holding
The court affirmed the judgment, finding any error in giving the sudden emergency instruction harmless because the jury found Jette negligent but not the legal cause of the accident. However, the court disapproved of the instruction's future use, deeming it generally useless and potentially confusing.
Rule
The sudden emergency instruction is generally a useless appendage to negligence law and should not be used unless particular facts warrant more explanation of the standard of care. The standard of care remains that of a reasonable person under the circumstances, regardless of an emergency.
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