Grover P. MacOn v. Seaward Construction Company, Inc.

ALDRICH, Senior Circuit Judge.

This is an appeal from jury verdicts entered in a diversity jurisdiction automobile tort case. Plaintiff-husband, hereinafter plaintiff, was injured in a collision between his car and a truck driven by an employee of defendant. In his action for personal injuries the jury found him 30% negligent and the defendant 70% negligent. Plaintiff’s wife was awarded full damages for loss of consortium. Defendant-appellant raises two principal contentions.

Defendant argues that the district court should not have instructed the jury on the last clear chance doctrine, since…