Shuster

Judgment was entered upon jury verdict in favor of defendant in this personal injury action. Plaintiff appeals on a settled statement and partial transcript. He contends that the trial court erred in giving an instruction on imminent peril, and in refusing one on last clear chance.

Plaintiff was walking across Occidental Road when struck. Defendant had driven his pickup truck north along Graven-stein Highway and made a 90-degree left turn into Occidental. He testified that he was traveling 15 to 20 miles per hour when he first saw plaintiff. Plaintiff neither heard nor saw any automobile before he was struck, and has no recollection of what occurred after impact. There is no direct evidence fixing the point of impact, but it could have been no farther west than the place where defendant’s vehicle came to a stop. This was 45 feet west of the stop line marking the edge of Gravenstein Highway. Defendant variously testified that plaintiff was 3 to 20 feet away when defendant first saw him. He also testified that he first saw plaintiff when defendant straightened his truck after completing the turn into Occidental. He applied his brakes when he first saw plaintiff. Skid marks 21 feet…