Stephens v. Mann

MARTIN (Harry C.), Judge.

Plaintiff’s sole assignment of error is the trial court’s refusal to submit to the jury the issue of last clear chance. The doctrine of last clear chance allows a plaintiff to recover despite his own contributory negligence when the defendant could have avoided plaintiff’s injuries by exercising reasonable care and prudence, after plaintiff’s negligence had occurred, but failed to do so. Earle v. Wyrick, 286 N.C. 175, 209 S.E.2d 469 (1974), rehearing denied, 286 N.C. 547 (1975). The issue of last clear chance must be submitted to the jury if the evidence, viewed in…