POSAS v. HORTON

No. 51047.

228 P.3d 457 (2010)

Emilia POSAS, Appellant, v. Nicole HORTON, Respondent.

Supreme Court of Nevada.

April 15, 2010.


Attorney(s) appearing for the Case

Sterling Law, LLC, and Beau Sterling, Las Vegas; Jason S. Cook, Las Vegas, for Appellant.

Ranalli & Zaniel, LLC, and George M. Ranalli and Daniel A. Gonzales, Henderson, for Respondent.

Before the Court En Banc.


OPINION

By the Court, DOUGLAS, J.

In this appeal, we consider whether the district court erred in giving a sudden-emergency jury instruction in a rear-end automobile collision case. We conclude that the district court erred in giving the sudden-emergency jury instruction in this case. We further clarify that the sudden-emergency doctrine applies when an emergency affects the actor requesting the instruction and the actor shows that he or she was otherwise...

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