Myhaver v. Knutson
Arizona Supreme Court
942 P.2d 445 (1997)
Relevant factsFree
Knutson (defendant) swerved left across a double-yellow line to avoid Magnusson's (defendant) oncoming car, which was headed straight for him in the wrong lane, and collided with Myhaver's (plaintiff) truck, seriously injuring Myhaver. Myhaver sued both drivers for negligence, settled with Magnusson before trial, and proceeded against Knutson; the trial judge gave a sudden-emergency jury instruction, the jury found for Knutson, and the appellate court affirmed before the Arizona Supreme Court granted review.
IssueFree
Whether a defendant is liable for negligence if he was faced with a sudden and unexpected danger and acted reasonably under the circumstances to avoid harm to himself or others.