Street v. Calvert

OPINION

FONES, Justice.

We granted the writ of certiorari in this case and expressly limited consideration to the following: (1) the effect of the failure of the trial judge to instruct on the doctrines of discovered peril and last clear chance; (2) is the posture of this case such that this Court may properly consider the adoption of a rule of comparative negligence; (3) the propriety of adopting such a rule; and (4) the type of comparative negligence which should be adopted.

I

Doris C. Street was walking across Hale Road to her mailbox on the opposite side from her residence when she was struck…