Schaefer v. Wickstead

ARNOLD, Judge.

Plaintiff contends that the trial court erred in “failing to submit an issue and charge the jury under the doctrine of last clear chance.” We disagree.

In order to be entitled to an instruction on the doctrine of last clear chance, the plaintiff must prove four elements: that (1) the pedestrian, by his own negligence, placed himself in a position of helpless peril, (2) the defendant was aware of, or by the exercise of reasonable care should have discovered, plaintiffs perilous position and his incapacity to escape, (3) the defendant had the time and means to avoid injury to the…