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Myhaver v. Knutson

Arizona Supreme Court
942 P.2d 445 (1997)


While driving, Knutson (defendant) saw that a car driven by Magnusson (defendant) was in the wrong lane and headed straight for him. To avoid a head-on collision with Magnusson, Knutson accelerated and swerved left, crossed over the double-yellow line, and collided with a truck driven by Myhaver (plaintiff). Myhaver sustained serious injuries. Myhaver filed suit, alleging negligence against Knutson and Magnusson. Prior to trial, Magnusson settled her claim with Myhaver. Myhaver proceeded to trial. At the close of the evidence, the trial judge instructed the jury that if Knutson was faced with a sudden emergency requiring him to act immediately in order to avoid harm to himself or others, the jury could find that Knutson’s conduct was affected by the emergency and therefore not negligent. The jury held for Knutson. Myhaver appealed. The court of appeals affirmed. The Arizona Supreme Court granted certiorari to review.

Rule of Law


Holding and Reasoning (Feldman, J.)

Concurrence (Zlaket, C.J.)

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