Battle v. Chavis

In her brief the plaintiff concedes that in order to prevail she must do so on the doctrine of last clear chance. In Wade v. Sausage Co., 239 N.C. 524, 80 S.E. 2d 150, the court sets forth the four elements of the last clear chance doctrine which must be established before a pedestrian may recover against the driver of a motor vehicle. “Where an injured pedestrian who has been guilty of contributory negligence invokes the last clear chance or discovered peril doctrine against the driver of a motor vehicle which struck and injured him, he must establish these four elements: (1) That the…