What is the test for giving the last clear chance instruction in a motor vehicle accident?

This case is distinguishable on its facts from those cases in which it is held proper to give the last clear chance instruction. In Selinsky v. Olsen, 38 Cal.2d 102, 105, 237 P.2d 645, 647, there was evidence that plaintiff's car was stalled in defendant's lane of traffic from between five seconds and one minute and defendant's view was unobstructed. The court there said: 'Thus we do not have a case in which plaintiff's car was in motion or suddenly appeared in defendant's path as existed in the authorities relied upon by defendant. The jury could have inferred also, that defendant knew or should have known, in the exercise of ordinary care, that plaintiff could not escape. Under the evidence most favorable to plaintiff, defendant could have seen plaintiff's car standing in the road ahead of him for a minute before the impact and thus could, by the exercise of ordinary care, have avoided the accident.'

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