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AMI 910 Operating Unsafe Vehicle

Arkansas Supreme Court Committee On Jury Instructions-Civil

Ark. Model Jury Instr., Civil AMI 910
Arkansas Model Jury Instructions-Civil
November 2021 Update
Arkansas Supreme Court Committee On Jury Instructions-Civil
Chapter 9. Rules of the Road
AMI 910 Operating Unsafe Vehicle
[No person shall drive][No owner shall cause or knowingly permit to be driven or moved] on any [highway][street] a [vehicle][combination of vehicles] which is in such an unsafe condition as to endanger any person.
A violation of this rule, although not necessarily negligence, is evidence of negligence to be considered by you along with all of the other facts and circumstances in the case.
NOTE ON USE
If the particular mechanical defect involved in the case is the subject of a more specific provision contained in Ark. Code Ann. Title 27, this instruction should not be used. Instead, AMI 903 should be used with the applicable statute quoted in the instruction.
COMMENT
This instruction is based upon and substantially incorporates the language of Ark. Code Ann. §§ 27-36-101 and 27-37-101. In Bryant v. Thomas, 230 Ark. 999, 328 S.W.2d 83 (1959), the Court approved an instruction identical in substance with this instruction. It is not necessary to prove prior knowledge of the defect on the part of the operator of an unsafe vehicle for this instruction to be given. Brand v. Rorke, 225 Ark. 309, 280 S.W.2d 906 (1955).
It is error to give this instruction without evidence that the defective condition of the vehicle was a proximate cause of the accident. Thomas v. Kellett, 260 Ark. 548, 542 S.W.2d 501 (1976).
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