Vancamp v. Burgner

JOHNSON, Judge.

The sole issue raised by this appeal is whether the trial court erred in deciding that the doctrine of last clear chance was inapplicable as a matter of law to the facts of the case. We find that the evidence required submitting the issue of last clear chance to the jury and the trial court erred in directing a verdict for defendants.

The plaintiff must prove the following four elements to be entitled to a jury instruction on last clear chance:(1) the pedestrian, by his own negligence, placed himself in a position of helpless peril, (2) the defendant was aware of, or by the…