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HANSON v. BEESLEY

No. 12575.

292 N.W.2d 804 (1980)

Karla HANSON, Plaintiff and Appellant, v. Chad J. BEESLEY, Defendant and Appellee.

Supreme Court of South Dakota.

Decided June 4, 1980.

Attorney(s) appearing for the Case

John E. Burke, Sioux Falls, for plaintiff and appellant; John N. Gridley, III of Gridley, Nasser & Arneson, Sioux Falls, on brief.

John Simko of Woods, Fuller, Shultz & Smith, Sioux Falls, for defendant and appellee.

PER CURIAM.

Plaintiff's request for a jury instruction on last clear chance was denied. This appeal questions the propriety of that ruling. We affirm.

In Ford v. Hochstetter, 85 S.D. 4, 176 N.W.2d 501 (1970), this court said:

[T]he last clear chance doctrine does not apply in a situation where the pedestrian was "oblivious to peril" and the driver of the automobile does not actually discover and see the pedestrian...

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