Gunter v. Winders

The plaintiff assigns as error the failure of the court (1) to submit an issue of last clear chance and (2) to charge correctly with respect to the causal relationship between the plaintiff’s contributory negligence and his own injury. Actually the two propositions involve the same legal concept of liability — the proximate cause of the injury.

The last clear chance doctrine is applicable when, notwithstanding the defendant’s prior negligence and the plaintiff’s contributory negligence, the defendant by the exercise of due care is afforded an opportunity to avoid the injury and negligently…