Dunleavy v. Miller

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that sudden emergency instruction should rarely, if ever, be used
• holding that \the instruction on sudden emergency is unnecessary and potentially confusing and serves to overemphasize one portion of the case\ and noting the abolition of unavoidable accident, last clear chance, and open and obvious danger
• explaining that “the prevailing party is the party who wins the lawsuit — that is, a plaintiff who recovers a judgment or a defendant who avoids an adverse judgment”
• “[T]he instruction on sudden emergency is unnecessary and potentially confusing and serves to overemphasize one portion of the case.”
• indicating desire to harmonize Rules 1-054 and 1-068

Source: CourtListener parenthetical corpus (CC0).