Tuesday, September 16, 2008

Wilson v. Sibert (a.k.a. back that car up)

Wilson v. Sibert
535 P.2d 1034 (Alaska 1975).

Chief Justice Rabinowitz delivered opinion

Facts:
  • Appellee Sibert was stopped in vehicle in line at bank window in Anchorage, appellant Mary Wilson was behind him.
  • Car in front of Sibert unexpectedly starting back up
  • Sibert throws car into reverse and backs into Wilson's car
  • fender goes into wheel, rendering car immobile
  • Appellee Sibert did not use his horn or look behind him before backing up, only became aware of car there when he hit it
Issue:
Did the trial court err in 1. denying motions for directed verdict on issue of liability and did they further err in 2. giving a sudden emergency instruction to the jury?

Holding: No.

Reasoning:
Wilson claims "total absence" of care shows Sibert didn't exercise care toward her and that jury couldn't find otherwise

Court says:
  • Issue 1: Appellant's position doesn't take into account the speed at which a person in an emergency may act
  • Law requires same negligence test in emergency situations (i.e., the standard of conduct of a reasonable person under the same circumstances)
  • In an emergency conduct that may otherwise be unreasonable becomes reasonable
  • that appellee failed to show normal care is proof of the emergency situation, he had an "apparent need to act almost instantaneously"
  • Issue 2: Looking at other court decisions, ct determines it is predominantly accepted that it is not prejudicial error for trial ct to give "superfluous" sudden emergency instructions
  • No evidence that giving the emergency instructions impropertly influenced the jury
Judgment: Affirmed

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