M Civ JI 14.01 Subsequent Negligence (Last Clear Chance) - Helpless or Inattentive Plaintiff [ Instruction Deleted ]

Comment

The doctrine of last clear chance as a separate defense to contributory negligence has been superseded by the adoption of pure comparative negligence. Petrove v Grand Trunk W R Co (On Remand), 437 Mich 31; 464 NW2d 711 (1991). In addition, the doctrine of last clear chance as a formulation of gross negligence has been discarded. Jennings v Southwood, 446 Mich 125; 521 NW2d 230 (1994).

History

M Civ JI 14.01 was a revision of SJI 14.01. Deleted August 1991.