Danley v. Cooper

This is a rear-end collision case. The negligence of the defendants, 1 whose panel truck ran into the rear of the plaintiffs’ 2 car, is conceded. The trial court held that on the agreed facts the plaintiff was, as a matter of law, contributorily negligent; and that, as a matter of law, the last clear chance doctrine did not apply, and entered a summary judgment of dismissal.

From this judgment, the plaintiff appeals, urging that the issues of her negligence, of proximate cause, and of last clear chance presented questions of fact for a jury.

The case comes before us on an agreed statement of…