Buchanan Service, Inc. v. Crew

Herrmann, J.:

This is an action for damages arising from an automobile accident. The complaint alleges that the defendant was negligent in: (a) failing to keep his vehicle under proper control; (b) failing to exercise due care and caution; (c) failing to drive upon the right half of the highway; and (d) failing to yield one-half of the main traveled portion of the highway.

The defendant denies negligence, asserts acts of negligence by the plaintiff and, in stating a counterclaim, the defendant alleges that the plaintiff “had the last clear chance to avoid the accident”. The plaintiff denies the…