Aegerter V. Duncan

This case arises out of a motor vehicle collision between an ambulance owned by defendant Aegerter and driven by defendant Wolfe, and an automobile driven by plaintiff George Duncan in which his wife was a passenger. After a jury verdict in favor of the defendants, the trial court entered an order granting plaintiffs' motion for a new trial. The motion set forth several claims of error but the trial court expressly based its order only on the failure to give plaintiffs' requested instruction on last clear chance. Defendants appeal from the order granting the new trial. Plaintiffs cross-appeal from the denial of their motion for a new trial based on the several other grounds.