Colorado Supreme Court Abolishes the Sudden Emergency Doctrine

Posted Sat 31st Jan, 2015 | by | on Legal Insights

In a great decision for Plaintiffs in Colorado, on January 22, 2013 the state’s Supreme Court ruled to abolish the sudden emergency doctrine stating “its minimal utility in Colorado’s comparative negligence scheme is greatly outweighed by the instruction’s danger of misleading the jury.”  Prior to this holding, the sudden emergency doctrine recognized “that a person confronted with sudden or unexpected circumstances calling for immediate attention is not expected to exercise the judgment of one acting …

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