MEDLOCK v. McCOY

No. 68.

183 So.2d 267 (1966)

Arthur N. MEDLOCK, Appellant, v. Myrtle McCOY, Individually, and Wayman A. McCoy, Individually and As Husband of Myrtle McCoy, Appellees.

District Court of Appeal of Florida. Fourth District.

February 21, 1966.


Attorney(s) appearing for the Case

Edward J. Atkins and John H. Wahl, Jr., of Walton, Lantaff, Schroeder, Atkins, Carson & Wahl, Miami, for appellant.

Fred T. Gallagher, of Vocelle & Gallagher, Vero Beach, for appellees.


ANDREWS, Judge.

This is an appeal by the defendant, Arthur N. Medlock, from an order setting aside a jury verdict in favor of defendant and granting Myrtle McCoy and Wayman McCoy, plaintiffs, a new trial on the ground that the court had erred in refusing to give plaintiffs' requested instruction on the last clear chance doctrine.

The accident occurred at night on U.S. Highway No. 1 south of Vero Beach. The plaintiffs, an elderly couple, had eaten in a restaurant...

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