Brown v. George

Ness,-Justice

(dissenting):

In holding the trial court erred in charging last clear chance to the jury, the majority fails to apply our recent holding in *187Cooper v. Driggers, 276 S. C. 299, 277 S. E. (2d) 893 (May, 1981). In Cooper, opinion by Justice Littlejohn, we concluded:

“The doctrine [of last clear chance] is not applicable in every case where contributory negligence is pled.

“It is applicable only when and if the defendant sees that a negligent plaintiff is in a predicament from which he may not extricate himself and the defendant has an opportunity to avoid the injury in spite of the…