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Court Says Emergency Exception Could Confuse Jurors

By: AP
Posted: Tue 9:37 AM, Jan 22, 2013

DENVER (AP) -- The Colorado Supreme Court is doing away with an emergency exception for people involved in accidents because it could mislead jurors.

In a ruling handed down January 22nd, the court ordered a new trial for a man who sued after he was hit by a car that skidded across an icy patch in the road near Telluride in 2004. The jury ruled in favor of Michael Johnson, who skidded into a car driven by Richard Bedor. Bedor was injured and filed a negligence lawsuit.

The Supreme Court says jurors may have been confused after they were told a person confronted by a sudden emergency cannot be expected to respond normally. The high court abolished the doctrine entirely, saying the potential to mislead a jury outweighs the benefits.


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