Posas v. Horton

228 P.3d 457 (2010)

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Nature of the Case

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Facts

P was driving in her car when a woman pushing a stroller began to cross the street in the middle of traffic, directly in front of P's car. P stopped suddenly to avoid hitting the jaywalking pedestrian. Horton (D) was driving immediately behind P and hit the rear of P's car with the front-end of her car. The weather was perfect on the day of the accident. Prior to the accident, traffic was moving slowly, and the cars eventually came to a slow stop, indicating stop-and-go traffic conditions. D began to move forward and reached a speed of about 10 to 15 miles per hour immediately before the collision. D was three to four feet behind P's vehicle right before the accident occurred, and she did not see the pedestrian cross in front of P. P testified, 'yeah, obviously, I was following too close, I rear-ended her . . . you know, I made a mistake.' P filed a personal injury action against D. The jury was given a sudden-emergency instruction. D got the verdict, and the district court denied P a new trial. P appealed.