Amacker v. Kirby

SARTAIN, Judge.

This is an action for personal injuries and special damages which resulted from an automobile-bicycle collision. The suit was instituted by the natural tutrix of the minor, Betty Jo Amacker, age 11, who was riding her bicycle at the time of the accident. The defendant, Edgar W. Kirby’s vehicle struck the child’s bicycle as the latter turned right in front of the vehicle. The trial judge held that the doctrine of last chance was applicable in that Mr. Kirby failed to observe the child at a time he should have which would have enabled him to bring his car under control and to…