Young v. Clark

814 P.2d 364 (Colo. 1991)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

Young (P) was rear-ended by Clark (D). The accident resulted when an unidentified driver pulled out of the center lane into the right-hand lane and then swerved abruptly back to the center lane causing all the drivers behind to apply their brakes. At that time, D was looking over her shoulder while attempting to change lanes and failed to see the activity ahead but was warned by a passenger and then braked but still hit P. P sued D in negligence. D denied she was negligent. The trial court submitted instructions relating to the sudden emergency doctrine. The jury found for D and P appealed.