WIGGEN v. BETHEL APOSTOLIC TEMPLE

No. 66-109.

192 So.2d 796 (1966)

Jeff WIGGEN, As Natural Father of Mattie Jo Wiggen, a Deceased Minor, Appellant, v. BETHEL APOSTOLIC TEMPLE, a Non-Profit Corporation, Doris R. Akins, and Kathleen D. Minus, Appellees.

District Court of Appeal of Florida. Third District.

Rehearing Denied January 9, 1967.


Attorney(s) appearing for the Case

Frates, Fay, Floyd & Pearson and Larry S. Stewart, Miami, for appellant.

Dean, Adams, George & Wood, Miami, for appellees.

Before HENDRY, C.J., and CARROLL and SWANN, JJ.


HENDRY, Chief Judge.

Plaintiff, Jeff Wiggen, brought this action for the wrongful death of his eleven year old daughter, Mattie Jo Wiggen. The jury returned a verdict in favor of the defendants.

The issue involved is whether the doctrine of last clear chance is applicable in this situation involving the death of a pedestrian who was struck by an automobile. The trial judge refused to charge the jury on the doctrine of last clear chance. We reverse.

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