Selinsky

A motion for a new trial after judgment for defendant on the ground of refusal to give an instruction on the last clear chance doctrine was granted to plaintiff and defendant appeals.

We must view the evidence most favorable to the contention that the doctrine is applicable in reviewing the order appealed from, since plaintiff is entitled to an instruction thereon if the evidence so viewed could establish the elements of the doctrine. (Bonebrake v. McCormick, 35 Cal.2d 16 [ 215 P.2d 728 ] ; Alberding v. Pritchard, 97 Cal.App.2d 443 [ 217 P.2d 1012 ] ; 19 Cal.Jur. 745.)

Plaintiff’s car was parked heading north, parallel to the curb in the parking lane on the east side of Crenshaw Boulevard, a north-south street with four traffic lanes and two parking lanes. It was about a half block north of 8th Street, which crosses Crenshaw. One ear was parked 5 or 6 feet in front and another at least 25 feet behind his. Plaintiff testified that he entered his car, looked through the rearview mirrors, one inside and the other outside the car, and the only cars he observed were westbound standing on 8th Street at the intersection waiting for the traffic signal to change. He pulled away from the…