Danley V. Cooper

This is a rear-end collision case. The negligence of the defendants,*fn1 whose panel truck ran into the rear of the plaintiffs'*fn2 car, is conceded. The trial court held that on the agreed facts the plaintiff was, as a matter of law, contributorily negligent; and that, as a matter of law, the last clear chance doctrine did not apply, and entered a summary judgment of dismissal.