Bedor v. Johnson

Michael Johnson (defendant) hit an ice patch, spun across the center line, and collided with Richard Bedor (plaintiff), injuring both drivers; evidence conflicted on whether Johnson had been speeding or intoxicated. The investigating officer confirmed ice often formed at that spot, and Johnson admitted he knew ice might be present. Over Bedor's objection, the trial court gave a "sudden emergency" instruction telling the jury that a person placed in a sudden emergency through no fault of his own isn't negligent if he acted as a reasonably careful person would under the circumstances. The jury found for Johnson, and the court of appeals upheld the instruction, reasoning competent evidence showed an unexpected emergency (the ice) that Johnson hadn't created. Bedor appealed.