Whitt v. E. I. DuPont de Nemours & Co.

(dissenting) .

I respectfully dissent. I believe there is insufficient evidence to support the jury verdicts under either of the theories of relief posed by Plaintiffs-Appel-lees.

Neither Osborne’s account of the events preceding the accident nor the physical evidence supports a finding that he was negligent under the last clear chance doctrine. And although there were some inconsistencies in Osborne’s estimates of the several distances between his truck and the oncoming Whitt vehicle, these inconsistencies cannot serve as a springboard from which the jury could create its own evidence to…