In a motor vehicle accident case, in what circumstances will a plaintiff be able to argue that the instruction on unavoidable accident is incorrect?
California, United States of America
The following excerpt is from Davis v. Ewen, Argonaut Ins. Exchange, Intervener, 148 Cal.App.2d 410, 306 P.2d 908 (Cal. App. 1957):
And in Turkovich v. Rowland, 106 Cal.App.2d 445, 235 P.2d 123, a rear-end collision case, plaintiff, a passenger in the front car, argued on appeal that the trial court erred in giving an instruction on unavoidable accident. The court said, 106 Cal.App.2d at page 448, 235 P.2d at page 124:
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