Torts sample analysis
MBE Torts Negligence Sudden Emergency Scenario + Examiner Analysis
See a fresh MBE negligence sudden-emergency scenario with examiner-style torts analysis, distractor notes, and a short quiz teaser.
On this page
Fact pattern
Ava was driving within the speed limit on a two-lane highway during clear daylight. A delivery truck traveling in the opposite direction blew a front tire, crossed the center line, and entered Ava's lane. Ava jerked the wheel right to avoid a head-on collision, clipped a mailbox, and struck Ben, who was standing several feet off the shoulder taking photographs. Ben sued Ava for negligence and argues that Ava should have braked in a straight line instead of swerving.
Quick answer
Ava is likely not negligent because the truck's sudden invasion of her lane created an emergency she did not cause, and her evasive swerve was a reasonable response under the circumstances. Negligence asks whether the defendant acted as a reasonably prudent person under the circumstances. A sudden emergency not of the defendant's own making is one of those circumstances. The doctrine does not create immunity, but it recognizes that a person confronted with an unexpected danger may be reasonable even if, with calmer hindsight, a different response would have been safer. The defense fails if the defendant created or substantially contributed to the emergency.
IRAC analysis
Does the sudden-emergency doctrine excuse Ava's split-second choice, or can Ben still prove that Ava acted unreasonably?
Negligence asks whether the defendant acted as a reasonably prudent person under the circumstances. A sudden emergency not of the defendant's own making is one of those circumstances. The doctrine does not create immunity, but it recognizes that a person confronted with an unexpected danger may be reasonable even if, with calmer hindsight, a different response would have been safer. The defense fails if the defendant created or substantially contributed to the emergency.
Ava starts with a strong sudden-emergency argument because the record says she was driving lawfully when the truck suddenly invaded her lane. A reasonably prudent driver facing an oncoming vehicle only moments away does not have time for perfect deliberation…
Primary law and source anchors
- Restatement (Second) of Torts Section 296 A sudden emergency is part of the circumstances considered when judging whether conduct is negligent.
- Cordas v. Peerless Transportation Co., 27 N.Y.S.2d 198 (N.Y. City Ct. 1941) A driver confronted with an immediate threat is not held to the calm judgment possible in ordinary conditions.
- Myhaver v. Knutson, 942 P.2d 445 (Ariz. 1997) A sudden-emergency instruction is appropriate only when the peril is sudden and not created by the defendant.