Gilman v. Rupert

ODOM, ARCHIE M., Associate Judge.

This is an appeal by the appellant, plaintiff below, from a judgment for appellee, defendant below, in a personal injury action. The case was tried by a jury and a verdict was rendered for defendant.

The main question raised in this appeal is whether the refusal of the trial judge to give an instruction on the doctrine of last clear chance is reversible error.

The facts of the case are as follows:

Appellant, an elderly woman, was standing in the center of an empty parking space in the middle of the block waiting to cross the street. Traffic was so heavy on her…