Is the doctrine of last clear chance applicable to the circumstances of a motor vehicle collision?
California, United States of America
The following excerpt is from Gerritsma v. Vogelaar, 266 Cal.App.2d 210, 72 Cal.Rptr. 89 (Cal. App. 1968):
Plaintiff contends that the doctrine of 'last clear chance' is applicable to the circumstances of the case. We do not agree. Plaintiff cites the recent case of Kaake v. Lott, 252 Cal.App.2d 895, 60 Cal.Rptr. 843 in support of the proposition but it is our view that the cited case demonstrates the inapplicability of the rule in the present instance. In that case a bicycle rider who changed lanes in front of an on-coming automobile was struck. The trial court instructed the jury on the 'last clear chance' doctrine and then granted defendant's motion for judgment notwithstanding the verdict and for new trial, in the alternative, on the ground of insufficiency of the evidence and error in law in giving the instruction.
The conditions governing application of the doctrine are stated thus:
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