Marcella A. Haugh v. J. R. Curlee

Appellant, plaintiff below, sued to recover for personal injuries received in an automobile collision. The jury returned a verdict for defendant. Two questions are sought to be presented to this Court. (1) Under the facts and circumstances of this case, does the law of Florida require a charge to the jury on the “last clear chance” doctrine? (2) Did the district court abuse its discretion in not granting a new trial based on newly discovered evidence ?

The “last clear chance” doctrine was contained in appellant’s requested jury instructions Nos. 6 and 10 which were refused. Even after the…