POSAS V. HORTON
228 P.3d 457 (2010)
NATURE OF THE CASE: Posas (P) appealed a district court judgment on a jury verdict in a
tort action and post-judgment orders awarding costs and denying a motion for a new trial.
FACTS: P was driving in her car when a woman pushing a stroller began to cross the street
in the middle of traffic, directly in front of P's car. P stopped suddenly to avoid hitting
the jaywalking pedestrian. Horton (D) was driving immediately behind P and hit the rear of
P's car with the front-end of her car. The weather was perfect on the day of the accident.
Prior to the accident, traffic was moving slowly and the cars eventually came to a slow
stop, indicating stop-and-go traffic conditions. D began to move forward and reached a speed
of about 10 to 15 miles per hour immediately before the collision. D was three to four feet
behind P's vehicle right before the accident occurred, and she did not see the pedestrian
cross in front of P. P testified, 'yeah, obviously, I was following too close, I rear-ended
her . . . you know, I made a mistake.' P filed a personal injury action against D. The jury
was given a sudden-emergency instruction. D got the verdict, and the district court denied P
a new trial. P appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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