SCHAEFER v. WICKSTEAD

No. 8718SC584.

363 S.E.2d 653 (1988)

88 N.C. App. 468

Ruth S. SCHAEFER v. John Joseph WICKSTEAD, III, and Auto Warehouse, Inc.

Court of Appeals of North Carolina.

January 19, 1988.


Attorney(s) appearing for the Case

George C. Collie, John F. Ray and Charles M. Welling, Charlotte, for plaintiff appellant.

William L. Stocks and Douglas E. Wright, Greensboro, for defendants appellees.


ARNOLD, Judge.

Plaintiff contends that the trial court erred in "failing to submit an issue and charge the jury under the doctrine of last clear chance." We disagree.

In order to be entitled to an instruction on the doctrine of last clear chance, the plaintiff must prove four elements: that (1) the pedestrian, by his own negligence, placed himself in a position of helpless peril, (2) the defendant was aware of, or by the exercise of reasonable care should...

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