Does the doctrine of last clear chance apply in a motor vehicle accident case?
California, United States of America
The following excerpt is from Gulley v. Warren, 174 Cal.App.2d 470, 345 P.2d 17 (Cal. App. 1959):
Even though a witness testifies that be did not see the plaintiff or the plaintiff's vehicle, the doctrine of last clear chance is applicable if there is any evidence from which the jury could infer that the defendant 'must have seen' the dangerous situation in time to have avoided the accident by the exercise of reasonable care.
In Bailey v. Wilson, 16 Cal.App.2d 645, at page 648, 61 P.2d 68, at page 70, the court said:
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