Whitley v. Gwinnett County

I respectfully dissent as it is my view that the trial court erred in refusing to give Whitley’s request to charge on last clear chance. I also believe the trial court erred in excluding evidence of similar side-impact collisions at the intersection, testimony from several other accident victims regarding visibility problems at the intersection and proof that the County had rated the intersection as one of its most dangerous intersections.

1. Although I agree with the majority the last clear chance doctrine has no application unless the defendant knew of the plaintiff’s perilous situation and…