Logourl black
From our private database of 14,000+ case briefs...

Posas v. Horton

Nevada Supreme Court
228 P.3d 457 (2010)


Facts

Emilia Posas (plaintiff) was driving her vehicle when a woman pushing a baby stroller began to cross the street in the middle of traffic. Posas stopped suddenly to avoid hitting the woman. Nicole Horton (defendant), who was following Posas very closely in her own vehicle, ran into the back of Posas’ car. Posas filed a negligence lawsuit against Horton for injuries she sustained from the accident. At trial, Horton testified that she did not see the woman crossing the road and had “made a mistake” by following Posas’ vehicle too closely. At the close of the evidence, the trial judge provided the jury with a “sudden-emergency” instruction, over Posas’ objections. The 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.” The jury returned a verdict for Horton. Posas moved for a new trial. The trial court denied Posas’ motion. Posas appealed.

Rule of Law

The rule of law is the black letter law upon which the court rested its decision.

To access this section, please start your free trial or log in.

Issue

The issue section includes the dispositive legal issue in the case phrased as a question.

To access this section, please start your free trial or log in.

Holding and Reasoning (Douglas, J.)

The holding and reasoning section includes:

  • A "yes" or "no" answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

To access this section, please start your free trial or log in.

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 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read 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. Read more about Quimbee.

Here's why 205,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 14,000 briefs, keyed to 188 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.