“Plaintiff claims that he was not at fault for his own injury because he was attempting to rescue a person who was in danger as a result of Defendant’s negligence. To establish this claim, Plaintiff must prove all of the following: 1. That there was, or a reasonable person would have perceived that there was, an emergency situation in which someone was in actual or apparent danger of immediate injury; 2. That the emergency or danger was created by Defendant’s negligence; and 3. That Plaintiff was harmed while attempting to rescue the person in danger.”
[CACI Jury Instructions [citations omitted]]
