Wasserman v. Miller

PEARSON, TILLMAN, Chief Judge.

The plaintiff in a wrongful death action appeals a final judgment based upon a jury verdict for the defendant. The sole point presented claims error because of the trial judge’s refusal of plaintiff’s requested instruction upon the doctrine of last clear chance. We reverse for a new trial.

The law has been settled in this jurisdiction as to the factual elements which, if they appear in the record, require an instruction on last clear chance if requested. James v. Keene, Fla.1961, 133 So.2d 297; Douglas v. Hackney, Fla.1961, 133 So.2d 301. Frohm v. Metzger,…