Dickerson v. Martin
Kentucky Court of Appeals
450 S.W.2d 520 (1970)
- Written by Rich Walter, JD
Facts
Norman Martin (plaintiff) sued William Dickerson (defendant) for damages arising from a nighttime accident in which Dickerson’s car struck Martin as Martin was crossing a street that lacked a pedestrian sidewalk. Before crossing, Martin had looked up and down the well-lit street and was aware of Dickerson’s approach. Martin did not keep an eye on Dickerson’s car while crossing. Dickerson had at least 12 seconds before the accident in which he could have spotted and avoided hitting Martin. The trial court instructed the jury on contributory negligence and the doctrine of last clear chance. The jury rendered its verdict for Martin, and the court entered judgment accordingly. Dickerson appealed to the Kentucky Court of Appeals.
Rule of Law
Issue
Holding and Reasoning (Neikirk, J.)
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