Richard Bedor v. Michael E. Johnson — Boatright, J., Dissenting

Summary

The dissent would preserve Colorado's sudden-emergency doctrine, reasoning that precedent had already rejected concerns about its limited utility and potential to mislead jurors. It would also uphold the trial court's decision to give the instruction because competent evidence supported an inference that the defendant encountered an unexpected icy condition and attempted to correct his course. Justice Eid, dissenting, likewise would affirm, reasoning that the instruction properly directed the jury to assess reasonableness under all circumstances and that the evidence did not require withholding it.