James Scott No Comments

This doctrine imposes upon one a duty to exercise ordinary care to avoid injury to another who has negligently put himself in a dangerous position, and who appears not to recognize the danger or is unable to avoid it. Necessary elements of doctrine of “last clear chance” are: (1) plaintiff was negligent by placing himself in a position of immediate danger, (2) plaintiff was unable to remove himself from such peril by the exercise of reasonable care, (3) defendant discovered or should have discovered plaintiff’s dangerous situation in time so that by exercising reasonable care he could have erbe3nted the accident, (4) defendant failed to exercise any reasonable care, and (5) defendant had the last clear chance to prevent the accident.