Flynn v. Reberger

In an intersectional right-angle automobile collision, plaintiff Phyllis Flynn sustained personal injury. A consolidated trial to the court without a jury was had upon her complaint for damages and that of her husband for medical expenses and loss of services. The two complaints were virtually identical, the first paragraph of which alleged negligence on the part of the defendant and the second of which alleged facts which if true would indicate the applicability of the doctrine of last clear chance. The trial court’s finding and judgment was for defendant-appellee upon both paragraphs of…