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The Water Cooler
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Got in a wreck tonight
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<blockquote data-quote="vvvvvvv" data-source="post: 1400959" data-attributes="member: 5151"><p>So it was a civil case. <a href="http://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=15131" target="_blank">http://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=15131</a></p><p></p><p>The case had nothing to do with the citation. It had to do with settling damages between motorists involved in an unavoidable accident.</p><p></p><p>+++++++++++++++++++++</p><p></p><p><a href="http://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=74069" target="_blank">Instruction No. 10.9</a> </p><p>UNAVOIDABLE ACCIDENT</p><p></p><p>An unavoidable accident is one which occurs without negligence on the part of either party. If you find from the weight of the evidence that the accident was unavoidable, then your verdict should be for [Defendant].</p><p></p><p><strong>Notes on Use</strong></p><p></p><p>This Instruction should not be given in most cases, and the general instructions on negligence will be sufficient. Athey v. Bingham, 823 P.2d 347, 350 (Okla. 1991) ("In most negligence cases the instruction clearly should not be given."). In reversing a defense judgment on account of the giving of an unavoidable accident instruction, the Oklahoma Supreme Court emphasized:</p><p></p><p style="margin-left: 20px">Great caution should be exercised in submitting a case to a jury on an unavoidable accident instruction. It should rarely be given. Its use should be restricted to those instances where the evidence indicates the occurrence was caused by unforeseen circumstances or conditions and not by the negligence of either party. In the absence of a showing of some factor over which the parties had no control or could not have predicted, a requested instruction on unavoidable accident should be firmly rejected.</p><p></p><p>Ankney v. Hall, 764 P.2d 153, 156 (Okla. 1988). Nevertheless, this Instruction would be appropriate if there was a showing that an accident had been caused by something over which the parties had no control, or could not have predicted, except through the exercise of extraordinary foresight. Id. at 154. A showing of adverse road conditions or a latent mechanical defect in an automobile might warrant the giving of this Instruction. See Athey v. Bingham, 823 P.2d 347, 350 (Okla. 1991) (evidence was sufficient to support the giving of an unavoidable accident instruction).</p><p></p><p>+++++++++++++++++++++</p><p></p><p>Also from <em>Athey</em>:</p><p></p><p>"The fact that a motor vehicle collision occurred does not necessarily raise the presumption that the defendant was following too closely, driving too fast to bring the car to a stop, or driving too fast for highway conditions."</p></blockquote><p></p>
[QUOTE="vvvvvvv, post: 1400959, member: 5151"] So it was a civil case. [URL="http://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=15131"]http://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=15131[/URL] The case had nothing to do with the citation. It had to do with settling damages between motorists involved in an unavoidable accident. +++++++++++++++++++++ [URL="http://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=74069"]Instruction No. 10.9[/URL] UNAVOIDABLE ACCIDENT An unavoidable accident is one which occurs without negligence on the part of either party. If you find from the weight of the evidence that the accident was unavoidable, then your verdict should be for [Defendant]. [B]Notes on Use[/B] This Instruction should not be given in most cases, and the general instructions on negligence will be sufficient. Athey v. Bingham, 823 P.2d 347, 350 (Okla. 1991) ("In most negligence cases the instruction clearly should not be given."). In reversing a defense judgment on account of the giving of an unavoidable accident instruction, the Oklahoma Supreme Court emphasized: [INDENT]Great caution should be exercised in submitting a case to a jury on an unavoidable accident instruction. It should rarely be given. Its use should be restricted to those instances where the evidence indicates the occurrence was caused by unforeseen circumstances or conditions and not by the negligence of either party. In the absence of a showing of some factor over which the parties had no control or could not have predicted, a requested instruction on unavoidable accident should be firmly rejected.[/INDENT] Ankney v. Hall, 764 P.2d 153, 156 (Okla. 1988). Nevertheless, this Instruction would be appropriate if there was a showing that an accident had been caused by something over which the parties had no control, or could not have predicted, except through the exercise of extraordinary foresight. Id. at 154. A showing of adverse road conditions or a latent mechanical defect in an automobile might warrant the giving of this Instruction. See Athey v. Bingham, 823 P.2d 347, 350 (Okla. 1991) (evidence was sufficient to support the giving of an unavoidable accident instruction). +++++++++++++++++++++ Also from [I]Athey[/I]: "The fact that a motor vehicle collision occurred does not necessarily raise the presumption that the defendant was following too closely, driving too fast to bring the car to a stop, or driving too fast for highway conditions." [/QUOTE]
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