Koch v. Cantin

Karl L. Koch died as a result of injuries sustained when he was struck by an automobile driven by defendant, Jeffry Charles Cantin. Koch’s widow, Mary J. Koch, brought this wrongful death action and the jury returned a verdict in favor of defendant. The point of law concerns the applicability of the last clear chance doctrine to the facts of the case sub judice. Appellant contends the trial court erred in failing to give a requested instruction on this doctrine.

The record clearly reflects that Mr. and Mrs. Koch went for a neighborhood stroll following their dinner on the evening of October 3,…