Activity 15 - Pg. 135-136
Case: Penn Harris Madison School Corporation v. Linda Howard
Question #2-Has your state adopted a statute similar to the Pennsylvania statute discussed here?
In this case the Pennsylvania doctrine of last clear chance is discussed at great lengths to determine the verdict of this matter. This statute is defined as the following:
-provides that the contributory negligence of a plaintiff does not prevent recovery by that plaintiff for the negligence and injuries caused by the defendant if the defendant by exercising reasonable care might have avoided injuring the plaintiff.
This simply means that a negligent plaintiff can recover if he is able to show that the defendant had the last opportunity to avoid the accident.
