Padilla v. Rodriguez

PEARSON, Judge.

The plaintiffs appeal the entry of an adverse final judgment after a jury verdict was reported for the defendant. The controlling question is whether the trial court properly denied appellants’ request for the standard jury instruction on last clear chance. We hold that the instruction should have been given.' The denial of the instruction upon the facts of this case is reversible error. The instruction was properly requested and its denial was made a basis for appellants’ motion for a new trial. We reverse and remand for a new trial. The individual appellee, Eugenio Salvador…