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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

Issue

Holding and Reasoning (Douglas, J.)

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