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ROTHROCK v. COPELAND9/9/1991
Thus, as here, when the emergency arises so suddenly that the defendant has no time to avert the accident, the last clear chance doctrine does not apply. Brown v. George, 278 S.C. 183, 294 S.E.2d 35 (1982).
Here, when petitioner first observed decedent's automobile, it was already in petitioner's lane of traffic. Petitioner observed decedent's automobile only thirty to forty feet prior to impact. Despite respondent's allegations that petitioner could have avoided the accident, the only factual evidence in the
Accordingly, the decision of the Court of Appeals is reversed and the order of the trial judge granting petitioner's motion for summary judgment is reinstated.
Reversed.
GREGORY, C.J., and CHANDLER, FINNEY and TOAL, JJ., concur.
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