Guillotte v. Fireman's Insurance Co. of Newark

On Rehearing

CULPEPPER, Judge.

We granted a rehearing to reconsider our decision that the defendant is liable under the last clear chance doctrine. After further study, we have concluded that the plaintiff, Mrs. Guillotte, had at least an equal opportunity to avoid the collision and hence, under our established jurisprudence as cited hereinafter, cannot recover under the last clear chance doctrine.

In our original decision we held that Mrs. Guillotte, after observing the Gaspard vehicle rapidly overtaking her, did not have enough time to avoid the accident by driving her vehicle from the main…