Miller v. Ungar

ADAMS, J:

This is an appeal from a judgment for the defendant based on a jury verdict in an action of tort.

The question is whether the Court erred by refusing to charge on the doctrine of last clear chance.

The plaintiff, an eleven year old boy, sought recovery on the following facts. Plaintiff was riding a bicycle on one of the busy streets of the City of Miami. Defendant’s truck was being operated in the same direction at approximately five miles per hour. It was raining. The left window of the truck was closed making visibility., poor to the driver, except straight ahead. Two motorcycles…