Blue v. Canela

HUNTER, Judge.

The superior court granted summary judgment to defendants Miguel Canela, Horace Vernon Pendergrass, Jr., and Camper Products, Inc. (collectively “defendants”), finding as a matter of law that: (1) plaintiffs contributory negligence was a proximate cause of the injuries alleged in her complaint; and (2) the doctrine of “last clear chance” does not apply. Virginia Blue (“plaintiff’) appeals. Upon review of the record before us, we reverse the trial court’s order, and remand the case for trial by jury.

The facts pertinent to this case are as follows. At about 2:00 p.m. on 29 July…