“[Plaintiff/Defendant] claims that [he/she] was not negligent because [he/she] acted with reasonable care in an emergency situation. [Plaintiff/Defendant] was not negligent if [he/she] proves all of the following: 1. That there was a sudden and unexpected emergency situation in which someone was in actual or apparent danger of immediate injury; 2. That [Plaintiff/Defendant] did not cause the emergency; and 2. That [Plaintiff/Defendant] acted as a reasonably careful person would have acted in similar circumstances, even if it appears later that a different course of action would have been safer.”
[CACI Jury Instructions [citations omitted]]
