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10 South Dakota opinions name it 1 courts 1966–2019 0 in the last five years
The cases below were cited by South Dakota courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Cordell v. Scottgreen2 sentences2019Instructing the jury on the elements of negligence, we explained, is typically adequate because it informs the jury of the principles of “negligence, contributory negligence, burden of proof, and proximate cause.” See id. (quoting Cordell v. Scott, 79 S.D. 316, 322 , 111 N.W.2d 594, 598 (S.D. 1977)) (analyzing an unavoidable accident instruction). 2019Instructing the jury on the elements of negligence, we explained, is typically adequate because it informs the jury of the principles of “negligence, contributory negligence, burden of proof, and proximate cause.” See id. (quoting Cordell v. Scott, 79 S.D. 316, 322 , 111 N.W.2d 594, 598 (S.D. 1977)) (analyzing an unavoidable accident instruction). | 4 | 8 |
Meyer Ex Rel. Meyer v. Johnsongreen2 sentences2019Instructing the jury on the elements of negligence, we explained, is typically adequate because it informs the jury of the principles of “negligence, contributory negligence, burden of proof, and proximate cause.” See id. (quoting Cordell v. Scott, 79 S.D. 316, 322 , 111 N.W.2d 594, 598 (S.D. 1977)) (analyzing an unavoidable accident instruction). 1984In Meyer v. Johnson, 254 N.W.2d 107, 110 (S.D.1977), and in Del Vecchio v. Lund, 293 N.W.2d 474 (S.D.1980), we reaffirmed the guidelines established in Cordell v. Scott, 79 S.D. 316, 322-323 , 111 N.W.2d 594, 598 (1961) concerning the unavoidable accident instruction: Although we believe unavoidable accident instructions should be restrictively used we do not favor * * * total exclusion. | 2 | 3 |
Howard v. Sanborngreen2 sentences2015In Howard v. Sanborn, we held that the unavoidable accident instruction was not proper where the incident was reasonably foreseeable. 483 N.W.2d 796, 799 (S.D. 1992). 2015In Howard v. Sanborn, we held that the unavoidable accident instruction was not proper where the incident was reasonably foreseeable. 483 N.W.2d 796, 799 (S.D.1992). | 2 | 2 |
Herman v. Spieglergreen2 sentences2015On three occasions, the Court held that the giving of the instruction was not reversible error: Cordell, 79 S.D. at 323 , 111 N.W.2d at 598 ; Herman v. Spiegler, 82 S.D. 339, 343-44 , 145 N.W.2d 916, 918 (1966); Artz v. Meyer, 1999 S.D. 156 , ¶ 17, 603 N.W.2d 532, 536 . -10- #27191 abandoned the unavoidable accident instruction and 15 States have severely criticized or limited it. 2015On three occasions, the Court held that the giving of the instruction was not reversible error: Cordell, 79 S.D. at 323 , 111 N.W.2d at 598 ; Herman v. Spiegler, 82 S.D. 339, 343-44 , 145 N.W.2d 916, 918 (1966); Artz v. Meyer, 1999 S.D. 156 , ¶ 17, 603 N.W.2d 532, 536 . -10- #27191 abandoned the unavoidable accident instruction and 15 States have severely criticized or limited it. | 2 | 2 |
Lenards v. Deboergreen2 sentences2019I expressed similar concerns about the unavoidable accident instruction in Lenards v. DeBoer , 2015 S.D. 49 , ¶¶ 17-23, 865 N.W.2d 867 , 871-72 (Kern, J., concurring specially). [¶22.] If a court denies a party's request for the instruction, nothing precludes the parties from defending themselves on the basis that they faced an emergency. 2019I expressed similar concerns about the unavoidable accident instruction in Lenards v. DeBoer, 2015 S.D. 49 , ¶¶ 17-23, 865 N.W.2d 867, 871-72 (Kern, J., concurring specially). [¶22.] If a court denies a party’s request for the instruction, nothing precludes the parties from defending themselves on the basis that they faced an ________________________ (. . . continued) 470 N.W.2d 768, 772 (Neb. 1991); Lyons v. Midnight Sun Transp. | 1 | 2 |
Stevens v. Wood Sawmill, Inc.green2 sentences2003We have stated that “[w]here the evidence supporting the verdict is so weak ... and a lack of evidence pointing to other causes unrelated to the defendants’ alleged negligence is so total, our clear duty is to consider the error prejudicial.” Stevens v. Wood Sawmill, Inc., 426 N.W.2d 13, 17 (S.D.1988) (reversing a jury’s verdict where the facts did not support an unavoidable accident instruction). [¶ 15.] Armfield failed to present sufficient evidence to support instructing the jury on his theory of contributory negligence. 1992Howard v. Sanborn, 483 N.W.2d 796, 798 (S.D.1992); Stevens, 426 N.W.2d at 17 ; Plucker v. Kappler, 311 N.W.2d 924 (S.D.1981); Cordell v. Scott, 79 S.D. 316, 323 , 111 N.W.2d 594, 598 (1961). | 1 | 2 |
McClymont v. Morgangreen1 sentence2019I expressed similar concerns about the unavoidable accident instruction in Lenards v. DeBoer, 2015 S.D. 49 , ¶¶ 17-23, 865 N.W.2d 867, 871-72 (Kern, J., concurring specially). [¶22.] If a court denies a party’s request for the instruction, nothing precludes the parties from defending themselves on the basis that they faced an ________________________ (. . . continued) 470 N.W.2d 768, 772 (Neb. 1991); Lyons v. Midnight Sun Transp. | 1 | 1 |
Lyons v. Midnight Sun Transportation Services, Inc.green1 sentence2019Serv., Inc., 928 P.2d 1202, 1205 (Alaska 1996) (“[B]arring circumstances that we cannot at the moment hypothesize, a sudden emergency instruction serves no positive function.”). 7. | 1 | 1 |
Alley v. Siepmangreen2 sentences2015Alley v. Siepman, 87 S.D. 670, 678 , 214 N.W.2d 7, 11 (1974). [¶ 19.] We employ an objective test to assess whether a certain phenomenon may constitute a viable “surprise” worthy of an unavoidable accident instruction. 2015Alley v. Siepman, 87 S.D. 670, 678 , 214 N.W.2d 7, 11 (1974). [¶ 19.] We employ an objective test to assess whether a certain phenomenon may constitute a viable “surprise” worthy of an unavoidable accident instruction. | 1 | 1 |
Hancock-Underwood v. Knightgreen2 sentences2015Hancock-Underwood v. Knight, 277 Va. 127 , 670 S.E.2d 720, 723 (2009). 6 Certainly our own precedents and this national trend are cause to question the continued use of the unavoidable accident instruction. [¶23.] Based on the evidence in this case, unavoidability should not have been an issue, and the circuit court erred when it gave the unavoidable accident instruction. 2015Hancock-Underwood v. Knight, 277 Va. 127 , 670 S.E.2d 720, 723 (2009). 6 Certainly our own precedents and this national trend are cause to question the continued use of the unavoidable accident instruction. [¶23.] Based on the evidence in this case, unavoidability should not have been an issue, and the circuit court erred when it gave the unavoidable accident instruction. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in South Dakota. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Carpenter v. City of Belle Fourche
green
2 sentences2019We repeated this sentiment in Carpenter v. City of Belle Fourche where we noted that use of the sudden emergency instruction "served only to improperly emphasize the defendants' position[,]" at trial. 2000 S.D. 55 , ¶ 32, 609 N.W.2d 751 , 764. [¶20.] Concern over the instruction's tendency to confuse has led several jurisdictions to abolish it altogether. 6 Others have prohibited it in cases involving automobile accidents. 7 And others have questioned its usefulness or drastically restricted its use. 8 In rejecting or diminishing use of the instruction, some courts have commented that claiming 2019We repeated this sentiment in Carpenter v. City of Belle Fourche where we noted that use of the sudden emergency instruction “served only to improperly emphasize the defendants’ position[,]” at trial. 2000 S.D. 55 , ¶ 32, 609 N.W.2d 751, 764 . [¶20.] Concern over the instruction’s tendency to confuse has led several jurisdictions to abolish it altogether. 6 Others have prohibited it in cases involving 6. | 2 | 2019–2019 |
Artz v. Meyers
green
1 sentence2015On three occasions, the Court held that the giving of the instruction was not reversible error: Cordell, 79 S.D. at 323 , 111 N.W.2d at 598 ; Herman v. Spiegler, 82 S.D. 339, 343-44 , 145 N.W.2d 916, 918 (1966); Artz v. Meyer, 1999 S.D. 156 , ¶ 17, 603 N.W.2d 532, 536 . -10- #27191 abandoned the unavoidable accident instruction and 15 States have severely criticized or limited it. | 1 | 2015–2015 |
Plucker v. Kappler
green
2 sentences1992Howard v. Sanborn, 483 N.W.2d 796, 798 (S.D.1992); Stevens, 426 N.W.2d at 17 ; Plucker v. Kappler, 311 N.W.2d 924 (S.D.1981); Cordell v. Scott, 79 S.D. 316, 323 , 111 N.W.2d 594, 598 (1961). 1992Howard v. Sanborn, 483 N.W.2d 796, 798 (S.D.1992); Stevens, 426 N.W.2d at 17 ; Plucker v. Kappler, 311 N.W.2d 924 (S.D.1981); Cordell v. Scott, 79 S.D. 316, 323 , 111 N.W.2d 594, 598 (1961). | 1 | 1992–1992 |
Del Vecchio v. Lund
green
1 sentence1984In Meyer v. Johnson, 254 N.W.2d 107, 110 (S.D.1977), and in Del Vecchio v. Lund, 293 N.W.2d 474 (S.D.1980), we reaffirmed the guidelines established in Cordell v. Scott, 79 S.D. 316, 322-323 , 111 N.W.2d 594, 598 (1961) concerning the unavoidable accident instruction: Although we believe unavoidable accident instructions should be restrictively used we do not favor * * * total exclusion. | 1 | 1984–1984 |
Sodak Distributing Company v. Wayne
green
2 sentences1977We will briefly consider plaintiffs’ third assignment of error since it may be asserted on retrial. “ ‘[A] point which was actually and directly in issue in a former action and was there judicially passed upon and determined by a * * * court of competent jurisdiction cannot be drawn in question in any future action between the same parties or their privies whether the cause of action in the two actions be identical or different.’ * * * Privity within the meaning of the doctrine of res judica-ta is privity as it exists in relation to the subject matter of the litigation, and the rule is constru 1977We will briefly consider plaintiffs’ third assignment of error since it may be asserted on retrial. “ ‘[A] point which was actually and directly in issue in a former action and was there judicially passed upon and determined by a * * * court of competent jurisdiction cannot be drawn in question in any future action between the same parties or their privies whether the cause of action in the two actions be identical or different.’ * * * Privity within the meaning of the doctrine of res judica-ta is privity as it exists in relation to the subject matter of the litigation, and the rule is constru | 1 | 1977–1977 |
Butigan v. Yellow Cab Co.
green
2 sentences1966Plaintiff's present objections and arguments against a jury being so instructed in any action are much the same as those stated in Butigan v. Yellow Cab Company, 49 Cal.2d 652 , 320 P.2d 500 , 65 A.L.R.2d 1 , quoted by the court in Cordell. 1966Plaintiff's present objections and arguments against a jury being so instructed in any action are much the same as those stated in Butigan v. Yellow Cab Company, 49 Cal.2d 652 , 320 P.2d 500 , 65 A.L.R.2d 1 , quoted by the court in Cordell. | 1 | 1966–1966 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.