Street v. Calvert

OPINION ON PETITION TO REHEAR

FONES, Justice.

The respondents have filed a petition to rehear based on the contention that we have made basic changes in this State’s last clear chance and discoverable peril doctrines, and that a retroactive application of these changes to the present case would work a hardship. We deny this petition because we have not changed but rather clarified the last clear chance doctrine as it has always been applied in this State.

As we noted in the opinion, the status of the last clear chance doctrine here has been one of constant confusion. See, Wade, Crawford & Ryder,…