Hofecker v. Casperson

I concur with the majority’s holding to affirm the trial court’s Order on the issue of contributory negligence. I disagree with the majority’s reversal of the trial court’s Order on the issue of last clear *348chance. Plaintiff failed to present sufficient evidence of each element of last clear chance. I respectfully dissent.

I. Last Clear Chance

Summary judgment on the issue of last clear chance is properly granted for the defendant if the plaintiff fails to forecast evidence to show:(1) That the pedestrian negligently placed himself in a position of peril from which he could not escape by the…