Wechlo v. Winyard

Opinion

LILLIE, J.

This cause of action arose out of an automobile-pedestrian collision on East Anaheim Street in the Wilmington area. Plaintiff appeals from judgment in defendant’s favor entered on a jury verdict. The sole issue before us involves the trial court’s refusal to give plaintiff’s requested instruction on last clear chance (BATI No. 4.20).

*993Viewing the evidence in a light most favorable to plaintiff’s case (Bone-brake v. McCormick, 35 Cal.2d 16, 19 [215 P.2d 728]), we summarize the relevant facts: the accident occurred between 7:30 and 8 on the evening of August 9, 1971, when…