452. Sudden Emergency

452. Sudden Emergency Instruction No 1 Request by Plaintiff Request by Defendant Requested by Given as Proposed Given as Modified Given on Court?s Motion Refused Withdrawn Judge Instruction No 1 [Name of plaintiff/defendant] claims that [he/she] was not negligent because [he/she] acted with reasonable care in an emergency situation. [Name of plaintiff/defendant] was not negligent if [he/she] proves all of the following: 1. That there was a sudden and unexpected emergency situation in which someone was in actual or apparent danger of immediate injury; 2. That [name of plaintiff/defendant] did not cause the emergency; and 3. That [name of plaintiff/defendant] acted as a reasonably careful person would have acted in similar circumstances, even if it appears later that a different course of action would have been safer. New September 2003