United States Eighth Circuit
Zebley v. Heartland Indus. of Dawson, Inc., 09-2453
In an action against a a licensed non-profit day training, habilitation, and employment services provider, based on the suicide of plaintiff's daughter, judgment for defendant is affirmed where: 1) the district court did not abuse its discretion in giving a sudden emergency instruction, because the instruction was relevant to one of the issues in the case—defendant's response to at least the final part of the decedent's conduct—and correctly stated the law; and 2) the hindsight instruction echoed the district court's general negligence instruction, by stressing that the hallmark of ordinary care in this circumstance was what a reasonable and prudent person, while exercising ordinary care, would have done under the same or similar circumstances.
Appellate Information
- Decided 11/12/2010
- Published 11/12/2010
Judges
- William J. Riley
Court
- United States Eighth Circuit