166 So. 2d 619 | Fla. Dist. Ct. App. | 1964
The appellant Sally Kravitz sustained personal injuries when she was struck by the right turn signal attached to the front of a truck owned by appellee Morse Auto Rentals, Inc., then under lease to appellee Cort Packing Corp., and operated by its employee, appellee Heath.
During the trial, appellants requested the court to charge the jury on the doctrine of last clear chance. This request was refused. The cause was submitted to the jury upon the issue of appellees’ neg
The appellants seek reversal of the adverse judgment upon the sole ground that the court erred when it refused to charge the jury on the doctrine of last clear chance. We think the appellants’ position is correct and conclude that it was reversible error to refuse to give the charge.
The appellees argue that the evidence discloses that appellant Sally Kravitz was “indifferent” to the approaching traffic and walked in front of the appellees’ truck rendering it impossible for the driver to avoid the accident although he was exercising reasonable care.
Certainly the jury from the evidence, coupled with a charge on contributory negligence, could not be faulted for finding against the appellants, especially in the absence of a charge on last clear chance. We have reviewed the testimony with a view toward a determination as to whether or not “findings of fact compatible with the doctrine of last clear chance are within the range of those permissible to be made by the jury on the evidence * * *
Upon the authority of Radtke v. Loud, supra, and James v. Keene, Fla.1961, 133 So.2d 297, the judgment appealed should be and is hereby reversed.
Reversed.
. Radtke v. Loud, Fla.App.1957, 98 So.2d 891.