Knote v. Nifong

COZORT, Judge.

This case involves a collision between plaintiff’s motorcycle and defendant’s pickup truck, which pulled out in front of plaintiff. The jury found that defendant was negligent and that plaintiff was contributorily negligent. The dispositive issue on appeal is whether the trial court erred in failing to submit the issue of last clear chance for the jury’s consideration. We find error, and we remand the cause for a new trial.

The plaintiff’s evidence tends to show that the plaintiff, Todd Knote, was riding his motorcycle to work at approximately 6:30 a.m. on 27 August 1986.…