Disabatino & Raniere, Inc. v. Gilmore

Additional facts appear in the Court’s opinion.

Carey, J.:

The sole question for decision is whether, under the facts of this case, defendant was entitled to have the jury determine whether or not Raniere had a last clear chance to avoid the accident. At the time of trial, I thought not, and I am still of the same opinion.

The jury’s verdict necessarily constituted a finding either that neither driver was negligent or that both of them were negligent. If neither was negligent, the theory of last clear chance has no application. If both were negligent, the doctrine could be invoked by Gilmore…