Betty Joe Bowman v. Redding & Co., Inc.

On Appellee’s Petition for Rehearing Supplemental Opinion

LEVENTHAL, Circuit Judge:

This opinion relates to two matters raised by the petition for rehearing filed by defendant-appellee Izzo.

*969A.

Izzo says the last clear chance doctrine may not properly be applied so as to impose liability on a defendant for its actions concerning a person in a perilous situation unless the defendant’s negligence contributed to the perilous situation.

There is language supporting Izzo’s view in Dean v. Century Motors, 81 U.S.App.D.C. 9, 10, 154 F.2d 201, 202 (1946) : “The doctrine [last clear chance] presupposes a…