Bonebrake v. McCormick

Plaintiffs appeal from an adverse judgment in a suit for the wrongful death of their 14-year-old son who was struck by defendant’s car while riding his bicycle. The principal question presented is whether the trial court erred in refusing to give a requested instruction on the doctrine of last clear chance. This depends on whether there was evidence which would reasonably support a recovery on that theory. (See Raymond v. Hill, 168 Cal. 473, 479 [143 P. 743].)

Mrs. McCormick, the defendant, was driving east on the south side of a straight, dry, two-lane highway at 45 or 50 miles per hour, and…