Dyer

This is an appeal from a judgment rendered in favor of the defendant driver against the plaintiff driver on a jury verdict in a personal injury action.

The jury returned a verdict in favor of plaintiff's passengers, Clara H. Dyer and Sybil D. Dyer against said defendant driver. Judgment was entered September 21, 1959, and on September 28th, plaintiffs, James and Clara Dyer, filed a notice of intention to move for a new trial. That motion was denied October 28, 1959. The plaintiffs appealed from the judgment on October 30th. Plaintiff, Clara Dyer, subsequently dismissed her appeal.

The sole question presented on appeal is whether the trial court erred in refusing to instruct on the doctrine of “last clear chance.”

In ascertaining whether it was error for the trial court to refuse to give appellant’s instruction on the last clear chance doctrine, this court views the evidence in the light most favorable to the appellant. (Guyton v. City of Los Angeles, 174 Cal.App.2d 354, 361 [ 344 P.2d 910 ] ; Bonebrake v. McCormick, 35 Cal.2d 16, 19 [ 215 P.2d 728 ].) There must be substantial evidence present to justify the question of last clear chance going to a jury, and the existence of…