Quimbee logo
DMCA.com Protection Status

City of Scottsdale v. Kokaska

495 P.2d 1327 (1972)

Case BriefRelatedOptions
From our private database of 34,000+ case briefs...

City of Scottsdale v. Kokaska

Arizona Court of Appeals

495 P.2d 1327 (1972)

Facts

Francene Kokaska (plaintiff) was injured on a public road in the City of Scottsdale, Arizona (city) (defendant), when the car she was travelling in was struck from behind by a police patrol car that was being driven by Officer Dwight Edwards (Officer Edwards) (defendant). The accident occurred when Officer Edwards was chasing a speeding driver and he swerved to avoid hitting a motor scooter that was stopped in the center lane to make a left-hand turn. Kokaska testified that the patrol car did not have its flashing red lights or its siren operating when she was hit. Kokaska’s theory of Officer Edwards’s duty owed to her was based on Officer Edwards’s violation of numerous statutory rules of the road and his failure to use his siren, which Kokaska alleged resulted in her injuries and makes the case one about negligence per se or negligence as a matter of law. Officer Edwards and the city wanted to argue that the presence of an unlit motor scooter in the middle of the roadway on the night of the accident was a crucial issue for the jury and requested two specific jury instructions relating to foreseeability, which the trial court denied. The jury returned a verdict for Kokaska and Officer Edwards, and the city appealed.

Rule of Law

Issue

Holding and Reasoning (Eubank, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 607,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials
  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 607,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 34,000 briefs, keyed to 984 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 607,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 34,000 briefs - keyed to 984 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership