sudden emergency doctrine in Washington

2019Sandberg v. Spoelstra, 46 Wn.2d 776, 782 , 285 P.2d 564 (1955).

1965Discussing the sudden emergency doctrine, this court said in Sandberg v. Spoelstra, 46 Wn. (2d) 776, 782, 285 P. (2d) 564 : “It is equally well established that the doctrine cannot be invoked by one whose own negligence brought about, in whole or in part, the emergency with which he is confronted. ...” In the light of respondent’s testimony that the street light obstructed his view ahead, the jury could find that his speed, although within the speed limit of 25 miles per hour, was excessive under the conditions, and, in part, brought about the emergency.

2015Otherwise, the doctrine blends into or merges with the theory of unavoidable accident.'"9 The doctrine protects from liability a defendant suddenly confronted by an emergency through no fault of his own who chooses an otherwise negligent course of action to avoid the emergency.10 7 Kappelman, 167 Wn.2d at 9 (citing Brown, 100 Wn.2d at 194 ). 8 Kappelman, 167 Wn.2d at 9 . 9 Kappelman, 167 Wn.2d at 10 (quoting Seholm v. Hamilton, 69 Wn.2d 604, 609 , 419 P.2d 328 (1966)). 10 Kappelman, 167 Wn.2d at 10 ; see Hinkel v. Weyerhaeuser Co., 6 Wn.

2009See, e.g., Seholm, 69 Wash.2d at 605 , 419 P.2d 328 (pedestrian crossing road at night); Mills, 67 Wash.2d at 719 , 409 P.2d 646 (rear-end collision); Brown, 100 Wash.2d at 197 , 668 P.2d 571 (fire truck entering an intersection); Sonnenberg v. Remsing, 65 Wash.2d 553, 556 , 398 P.2d 728 (1965) (vehicle parked partway onto roadway); Johnson v. Barnes, 55 Wash.2d 785, 790 , 350 P.2d 471 (1960) (child ran onto arterial and into the side of a car). [13] We stress that the sudden emergency instruction is not appropriate in every situation where a driver's way is obstructed.

2015Otherwise, the doctrine blends into or merges with the theory of unavoidable accident.'"9 The doctrine protects from liability a defendant suddenly confronted by an emergency through no fault of his own who chooses an otherwise negligent course of action to avoid the emergency.10 7 Kappelman, 167 Wn.2d at 9 (citing Brown, 100 Wn.2d at 194 ). 8 Kappelman, 167 Wn.2d at 9 . 9 Kappelman, 167 Wn.2d at 10 (quoting Seholm v. Hamilton, 69 Wn.2d 604, 609 , 419 P.2d 328 (1966)). 10 Kappelman, 167 Wn.2d at 10 ; see Hinkel v. Weyerhaeuser Co., 6 Wn.

2015Otherwise, the doctrine blends into or merges with the theory of unavoidable accident.'"9 The doctrine protects from liability a defendant suddenly confronted by an emergency through no fault of his own who chooses an otherwise negligent course of action to avoid the emergency.10 7 Kappelman, 167 Wn.2d at 9 (citing Brown, 100 Wn.2d at 194 ). 8 Kappelman, 167 Wn.2d at 9 . 9 Kappelman, 167 Wn.2d at 10 (quoting Seholm v. Hamilton, 69 Wn.2d 604, 609 , 419 P.2d 328 (1966)). 10 Kappelman, 167 Wn.2d at 10 ; see Hinkel v. Weyerhaeuser Co., 6 Wn.

2009See, e.g., Seholm, 69 Wash.2d at 605 , 419 P.2d 328 (pedestrian crossing road at night); Mills, 67 Wash.2d at 719 , 409 P.2d 646 (rear-end collision); Brown, 100 Wash.2d at 197 , 668 P.2d 571 (fire truck entering an intersection); Sonnenberg v. Remsing, 65 Wash.2d 553, 556 , 398 P.2d 728 (1965) (vehicle parked partway onto roadway); Johnson v. Barnes, 55 Wash.2d 785, 790 , 350 P.2d 471 (1960) (child ran onto arterial and into the side of a car). [13] We stress that the sudden emergency instruction is not appropriate in every situation where a driver's way is obstructed.

2009See, e.g., Seholm, 69 Wash.2d at 605 , 419 P.2d 328 (pedestrian crossing road at night); Mills, 67 Wash.2d at 719 , 409 P.2d 646 (rear-end collision); Brown, 100 Wash.2d at 197 , 668 P.2d 571 (fire truck entering an intersection); Sonnenberg v. Remsing, 65 Wash.2d 553, 556 , 398 P.2d 728 (1965) (vehicle parked partway onto roadway); Johnson v. Barnes, 55 Wash.2d 785, 790 , 350 P.2d 471 (1960) (child ran onto arterial and into the side of a car). [13] We stress that the sudden emergency instruction is not appropriate in every situation where a driver's way is obstructed.

2009See, e.g., Seholm, 69 Wash.2d at 605 , 419 P.2d 328 (pedestrian crossing road at night); Mills, 67 Wash.2d at 719 , 409 P.2d 646 (rear-end collision); Brown, 100 Wash.2d at 197 , 668 P.2d 571 (fire truck entering an intersection); Sonnenberg v. Remsing, 65 Wash.2d 553, 556 , 398 P.2d 728 (1965) (vehicle parked partway onto roadway); Johnson v. Barnes, 55 Wash.2d 785, 790 , 350 P.2d 471 (1960) (child ran onto arterial and into the side of a car). [13] We stress that the sudden emergency instruction is not appropriate in every situation where a driver's way is obstructed.

2009See, e.g., Seholm, 69 Wash.2d at 605 , 419 P.2d 328 (pedestrian crossing road at night); Mills, 67 Wash.2d at 719 , 409 P.2d 646 (rear-end collision); Brown, 100 Wash.2d at 197 , 668 P.2d 571 (fire truck entering an intersection); Sonnenberg v. Remsing, 65 Wash.2d 553, 556 , 398 P.2d 728 (1965) (vehicle parked partway onto roadway); Johnson v. Barnes, 55 Wash.2d 785, 790 , 350 P.2d 471 (1960) (child ran onto arterial and into the side of a car). [13] We stress that the sudden emergency instruction is not appropriate in every situation where a driver's way is obstructed.

2009See, e.g., Seholm, 69 Wash.2d at 605 , 419 P.2d 328 (pedestrian crossing road at night); Mills, 67 Wash.2d at 719 , 409 P.2d 646 (rear-end collision); Brown, 100 Wash.2d at 197 , 668 P.2d 571 (fire truck entering an intersection); Sonnenberg v. Remsing, 65 Wash.2d 553, 556 , 398 P.2d 728 (1965) (vehicle parked partway onto roadway); Johnson v. Barnes, 55 Wash.2d 785, 790 , 350 P.2d 471 (1960) (child ran onto arterial and into the side of a car). [13] We stress that the sudden emergency instruction is not appropriate in every situation where a driver's way is obstructed.

2009See, e.g., Seholm, 69 Wash.2d at 605 , 419 P.2d 328 (pedestrian crossing road at night); Mills, 67 Wash.2d at 719 , 409 P.2d 646 (rear-end collision); Brown, 100 Wash.2d at 197 , 668 P.2d 571 (fire truck entering an intersection); Sonnenberg v. Remsing, 65 Wash.2d 553, 556 , 398 P.2d 728 (1965) (vehicle parked partway onto roadway); Johnson v. Barnes, 55 Wash.2d 785, 790 , 350 P.2d 471 (1960) (child ran onto arterial and into the side of a car). [13] We stress that the sudden emergency instruction is not appropriate in every situation where a driver's way is obstructed.

1965Poutre v. Saunders, 19 Wn. (2d) 561, 143 P. (2d) 554 .

1962Appellant contends, in assignment of error No. 5, that the trial court erred in giving instructions No. 29 and No. 40: No. 29: “You are instructed that if you find by a fair preponderance of the evidence that a reasonably prudent driver under the same or similar circumstances to those in which Phillips found himself would not have so stopped or would not have remained stopped as long a time as was done by Phillips or would have kept a watch to the rear then any such omission would be negligence and if such negligence proximately caused the collision plaintiff cannot recover herein.” No. 40: “Y