McCoy v. Gossett

OPINION

SPIESS, Chief Judge.

This appeal is from a final judgment entered for the defendant pursuant to a directed verdict in a negligence case which involved an automobile accident. The propriety of instructing the jury to find for the defendant and against the plaintiffs depends upon whether there was any evidence introduced from which the jury might have found in favor of plaintiffs-appellants upon the theory of last clear chance.

It is fundamental that a plaintiff seeking recovery under the doctrine of last clear chance has the burden of establishing all facts and elements essential to…