Ritter v. Portera

GILBERT, Chief Judge.

The parties seem to agree that the appellant, Sherry Lee Schiller (Schiller), 1 was guilty of contributory negligence when she started to perch herself on the hood of the motor vehicle of the appellee, Salvatore Anthony Portera (Port-era), 2 in order to ride “maybe fifty feet.” The parties seem to agree that Portera, the operator of the vehicle, was primarily negligent in moving the car while Schiller was sitting on or about to sit on the hood of the automobile. Where the parties disagree is over the conclusion by the trial judge that the “doctrine of last clear chance”…