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Burdette v. Rockville Crane Rental Inc.

2/4/2000

greed with the trial court that the plaintiff had been contributorily negligent by climbing onto the car, we reversed the trial court's decision to enter judgment in favor of the driver. We held that the driver had the last clear chance, after the girls had started to climb onto the car, to refuse to move the car until the girls climbed off. Id., 59 Md. App. at 72.


Mr. Johnson did not have the same opportunity for reflection. Whereas the car in Ritter was stationary when the driver made the decision to proceed forward rapidly, Mr. Johnson was already traveling at approximately 64 miles per hour when the emergency arose. The jury clearly found Mr. Johnson negligent, but the evidence does not reflect a fresh opportunity to avoid the accident.


JUDGMENT AFFIRMED. COSTS TO BE PAID BY APPELLANTS.






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