Marshall v. Merrifield

PALMORE, Judge.

This is the second appeal of an automobile-pedestrian case, the first trial having resulted in a directed verdict and judgment for the defendant, Merrifield, followed by a reversal on the ground that the plaintiff, Marshall, had a submissible jury case under the last clear chance doctrine. Marshall v. Merrifield, Ky., 431 S.W.2d 870 (1968). In the second trial that was the only theory of liability presented by the instructions, and the jury found for the defendant. The plaintiff appeals again, this time contending that the instructions did not sufficiently specify the…