Laws v. Webb

WALSH, Justice:

In this appeal from the Superior Court, we address, inter alia, whether the common law doctrine of last clear chance was abrogated by the legislative adoption of comparative negligence in Delaware. We conclude that the doctrine of last clear chance, both in theory and application, is incompatible with the principles of comparative fault which underlie the Delaware statute (10 Del.C. § 8132). Accordingly, we affirm the Superi- or Court’s refusal to instruct the jury on the effect of last clear chance. Additionally, we have concluded that the Superior Court ruled correctly…