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Defenses: Sudden Emergency (Instruction)

<p>From  <a href="http://opinions.kycourts.net/coa/2009-CA-002154.pdf" target="_self">McAlpin v. Davis Construction Inc., COA, Published, 2/11/2011</a></p> <p>The sudden emergency doctrine is generally defined as follows:</p> <p><br />[W]hen an actor is faced with a sudden and unexpected circumstance which leaves little or no time for thought, deliberation, or consideration, or causes the actor to be reasonably so disturbed that the actor must make a speedy decision without weighing alternative courses of conduct, the actor is not negligent if the actions taken are reasonable and prudent in the emergency context, provided the actor has not created the emergency.<br />Henson v. Klein, 319 S.W.3d 413, 418 (Ky. 2010) (citing 57A Am. Jur. 2d Negligence 198 (2004)). Such an instruction is warranted when an actor is under specific duties prescribed by statute, and the ability to conform to those duties is affected by "the presence of a sudden and unexpected peril." Henson, 319 S.W.3d at 421. The sudden emergency qualification has been approved in Kentucky for use in automobile collision cases. Regenstreif v. Phelps, 142 S.W.3d 1, 4-5 (Ky. 2004) (citation omitted).<br />The rule is well settled that "[e]ach party to an action is entitled to an instruction upon his theory of the case if there is evidence to sustain it." Farrington Motors, Inc. v. Fidelity & Cas. Co. of N.Y., 303 S.W.2d 319, 321 (Ky. 1957) (citations omitted). Whether Hurley was confronted with a sudden emergency is a question of fact for the jury, and if the evidence supports such a finding, the jury will be given a sudden emergency instruction. Brown v. Todd, 425 S.W.2d 737, 739-40 (Ky. 1968).</p>

Full post as published by Kentucky Cases on February 16, 2011 (boomark / email).