Party or Cross Claim no special interrogatories 213 Presumption of due care Recommends no Superseded by IDJI2d special instruction. 126A and 126B 216 Sudden emergency, or Recommends no Agrees duty of one in imminent special instruction peril 217 Fact of accident alone is Recommends no Agrees not evidence of special instruction negligence 218 Care to be commensurate Recommends no Agrees with hazard special instruction 219 Presumption as to conduct Recommends no Agrees of others, etc." -- (person special instruction has a right to expect that others will obey the law, for example 220 Intent not an element of Recommends Agrees negligence against negative element instruction. Possibility of avoiding Recommends Agrees 221 accident not a test of against “example” negligence. and “negative element” instructions 222 Care required care Recommends Agrees required for safety of against “example” child instructions 223 General Miscellaneous Recommends Agrees Factors against itemizing particular duties, other than reference to statutes or ordinances. 227 Proximate Cause single Omitted as redundant to – factor IDJI2d 230 231 Multiple Causes Recommends Agree covered by – against separate IDJI2d 230A or 230B instructions 232 Last clear chance Omitted as covered Omitted by comparative negligence 233 Unavoidable accident Recommend against Agrees special situation
Party or Cross Claim no special interrogatories 213 Presumption of due care Recommends no special instruction. Superseded by IDJI2d 126A and 126B 216 Sudden emergency, or duty of one in imminent peril Recommends no special instruction Agrees 217 Fact of accident alone is not evidence of negligence Recommends no special instruction Agrees 218 Care to be commensurate with hazard Recommends no special instruction Agrees 219 Presumption as to conduct of others, etc." -- (person has a right to expect that others will obey the law, for example Recommends no special instruction Agrees 220 Intent not an element of negligence Recommends against negative element instruction. Agrees 221 Possibility of avoiding accident not a test of negligence. Recommends against “example” and “negative element” instructions Agrees 222 Care required care required for safety of child Recommends against “example” instructions Agrees 223 General Miscellaneous Factors Recommends against itemizing particular duties, other than reference to statutes or ordinances. Agrees 227 Proximate Cause – single factor Omitted as redundant to IDJI2d 230 231 Multiple Causes Recommends against separate instructions Agree – covered by IDJI2d 230A or 230B 232 Last clear chance Omitted as covered by comparative negligence Omitted 233 Unavoidable accident Recommend against special situation Agrees