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90 Nev. 70

Johnson v. Marketti

Nevada Supreme Court

Decided February 6, 1974

Nevada Supreme Court · decided 1974-02-06

Relies on Britz v. Consolidated Casinos Corp. · Cummings v. City of Las Vegas Municipal Corp. · Armstrong v. Onufrock

Decided 1974-02-06

¶1*71OPINION

Per Curiam:

¶2This appeal is from a judgment awarding respondent $6,-674.20 damages sustained in an automobile collision in 1970, entered upon a jury verdict, and awarding $1,500 as an attorney fee.

¶3Appellant’s prime contention is that the trial court erred in instructing the jury on the “last clear chance doctrine.” In our view, however, the record contains substantial evidence that a last clear opportunity existed for appellant to avoid the accident. That being so, the fact that the accident occurred at an intersection did not of itself preclude a “last clear chance” instruction. Cf. Armstrong v. Onufrock, 75 Nev. 342, 341 P.2d 105 (1959).

¶4Appellant also contends necessary language was omitted from the court’s “last clear chance” instruction. We decline to consider this claim of nonjurisdictional error, raised for the first time on appeal. Cummings v. City of Las Vegas Mun. Corp., 88 Nev. 479, 499 P.2d 650 (1972); Britz v. Consolidated Casinos Corp., 87 Nev. 441, 488 P.2d 911 (1971).

¶5Other assignments of error have been considered. Upon review of the record, we find no error affecting substantial rights of the parties. NRCP 61.

¶6Affirmed.

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