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168 So. 2d 711

Nackman v. Miessen

District Court of Appeal of Florida

Decided October 27, 1964

District Court of Appeal of Florida · decided 1964-10-27

Cited by 1 later decisions — most recently July 1965

1 state decisions

Relies on 133 So. 2d 301 - Douglas v. Hackney · 160 So. 2d 713 - Wilde v. Kelly

Good law ✅— No negative treatment on recordhow we know

Decided 1964-10-27

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PER CURIAM.

¶1This appeal by the plaintiff in the court below is from a summary judgment in an action for personal injuries sustained when, as a pedestrian, he was struck by an automobile driven by the appellee.

¶2The major issue on this appeal is the correctness of the summary judgment. The appellant contends that it was erroneous since the doctrine of last clear chance was applicable on all the facts and would preclude such a determination. In order to justify application of the last clear chance rule, there must be present adequate evi-dentiary support for each of the essential elements of the rule. The trial judge found, and we think correctly, that there was no clear factual support for an inference that the appellee driver saw or reasonably should have seen the appellant’s ward sufficiently in advance of the impact to enable her to avoid the injury. See Wilde v. Kelly, Fla.App.1964, 160 So.2d 713; Douglas v. Hackney, Fla.1961, 133 So.2d 301.

¶3Affirmed.

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