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Lee v. COTTEN BROTHERS CO.

Citations: 460 P.2d 694; 1 Wash. App. 202; 1969 Wash. App. LEXIS 305Docket: 20-40317-2

Court: Court of Appeals of Washington; October 30, 1969; Washington; State Appellate Court

Narrative Opinion Summary

This case involves a wrongful death suit brought by the plaintiff against a logging truck company and its driver after a fatal accident on Interstate 5. The decedent lost control of his vehicle due to poor weather conditions, exited the vehicle, and was subsequently struck by the defendants' logging truck. The trial court submitted the issues of negligence, contributory negligence, and the last clear chance doctrine to the jury. The defendants appealed, arguing errors in jury instructions and the applicability of the last clear chance doctrine. The court discussed the distinction between actual and constructive perception of peril, emphasizing that the last clear chance doctrine requires actual knowledge of the plaintiff's peril for liability. The court also addressed the sudden emergency doctrine, finding it applicable since the emergency was not caused by the defendants' negligence. Ultimately, the jury's verdict was reversed due to errors in the jury instructions, particularly regarding the last clear chance doctrine and the duty to see, and a new trial was ordered. The court highlighted the need for clear jury guidance when applying complex legal doctrines in the context of contributory negligence and emergency situations.

Legal Issues Addressed

Jury Instructions and Errors

Application: Defendants challenged the jury instructions on the last clear chance doctrine and the duty to see what one would have seen with ordinary care, which the court found conflated legal concepts, leading to confusion.

Reasoning: The court found that it was erroneous to instruct the jury on this phase of the rule, particularly regarding the duty to see, as it conflated the concepts of actual seeing and the duty of care, leading to confusion.

Last Clear Chance Doctrine

Application: The court examined whether the defendant had the last clear chance to avoid the accident after discovering the plaintiff's peril, distinguishing between actual and constructive perception of peril.

Reasoning: The Supreme Court has established two conditions for the application of the last clear chance doctrine: 1. Actual Perception of Peril... 2. Constructive Perception of Peril...

Negligence and Contributory Negligence

Application: The jury considered the negligence of the defendant and contributory negligence of the decedent in a wrongful death case, where severe weather conditions impacted visibility and vehicle control.

Reasoning: The trial court allowed the jury to consider issues of negligence, contributory negligence, and aspects of the last clear chance doctrine.

Sudden Emergency Doctrine

Application: The court found that the sudden emergency doctrine applied since the emergency was not caused by the defendant's negligence, warranting a jury instruction on this doctrine.

Reasoning: Regarding the sudden emergency doctrine, the court concluded that an instruction on this doctrine was warranted since the emergency was likely not caused by the defendant's negligence.