View this article online: https://www.claimsjournal.com/news/west/2013/01/23/221518.htm
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 Tuesday, 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.