Bethel Apostolic Temple v. Wiggen

CALDWELL, Justice.

This cause is here on petition for writ of certiorari alleging jurisdictional conflict with the Yousko 1 decision.

The only question presented is whether the trial judge committed reversible error in refusing to charge the jury on the doctrine of last clear chance.

The facts are the minor deceased, Mattie Jo Wiggen, was struck by a school bus owned by petitioner, Bethel Apostolic Temple, a non-profit corporation which conducted a kindergarten, and driven by petitioner, Kathleen D. Minus, a teacher and bus driver. Petitioner Minus testified that, because she was familiar with…