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French v. Grigsby

Supreme Court of Texas
Nov 1, 1978
571 S.W.2d 867 (Tex. 1978)

Summary

holding that the doctrine of last clear chance is not valid with the adoption of the comparative liability statute

Summary of this case from GLF CONSTRUCTION CORPORATION v. LAN/STV

Opinion

No. B-7810.

October 4, 1978. Rehearing Denied November 1, 1978.

Appeal from the District Court, Travis County, Hume Cofer, J.

Flahive Ogden, T. P. Flahive, Austin, for petitioner.

Kilpatrick, Grant, Dennis Reed, Ben Z. Grant, Marshall, Kidd Whitehurst, Mack Kidd and Thomas R. Harkness, Austin, for respondent.


Judgment was rendered for plaintiff on the jury verdict in this suit for damages sustained when plaintiff's motorcycle struck defendant's automobile which turned across plaintiff's traffic lane. The court of civil appeals affirmed. 567 S.W.2d 604.

Defendant complains of the trial court's refusal to submit his requested issues tendering the theory of last clear chance. We agree with the holding of the court of civil appeals that the trial court did not err in this refusal. Since the advent of comparative negligence with the adoption of Art. 2212a, Tex.Rev.Civ.Stat.Ann., this Court has sought to abolish those doctrines directed to the old choice between total victory and total defeat for the injured plaintiff. Davila v. Sanders, 557 S.W.2d 770 (Tex. 1977). The doctrine of last clear chance or discovered peril fits that category and it is abolished as an issue or instruction.

The application for writ of error is refused, no reversible error.


Summaries of

French v. Grigsby

Supreme Court of Texas
Nov 1, 1978
571 S.W.2d 867 (Tex. 1978)

holding that the doctrine of last clear chance is not valid with the adoption of the comparative liability statute

Summary of this case from GLF CONSTRUCTION CORPORATION v. LAN/STV

rejecting last clear chance as an absolute defense in favor of comparative negligence

Summary of this case from General Elec. v. Moritz

abolishing doctrine of last clear chance or discovered peril

Summary of this case from Nabors Well Servs., Ltd. v. Romero

disapproving of last-clear-chance doctrine

Summary of this case from Del Lago Partners, Inc. v. Smith

disapproving of last-clear-chance issues in favor of comparative negligence submission

Summary of this case from Jackson v. Axelrad

abolishing last clear chance instruction

Summary of this case from Reinhart v. Young

disapproving a last-clear-chance issue in favor of comparative negligence submission

Summary of this case from Hawkins v. Walker

abolishing "doctrine of last clear chance" and "discovered peril"

Summary of this case from Rosell v. Central West Motor Stages, Inc.

In French v. Grigsby, 571 S.W.2d 867 (Tex. 1978), the Supreme Court of Texas held that the doctrine of discovered peril has been abolished as either an issue or instruction.

Summary of this case from Southern Pacific Transportation Co. v. Luna
Case details for

French v. Grigsby

Case Details

Full title:Raymond Edward FRENCH, Petitioner, v. Carrell Lee GRIGSBY, Respondent

Court:Supreme Court of Texas

Date published: Nov 1, 1978

Citations

571 S.W.2d 867 (Tex. 1978)

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