A ninety-year-old patient walked away from a nursing home and wandered onto some nearby railroad tracks.Once on the tracks, the patient stumbled and sprained his ankle.A few minutes later a train approached.The engineer saw the man on the track and could have stopped, but the train's brakes were defective.As a result, the train hit and killed the man.His family is suing the railroad for negligence.

Question

Quizplus · Accepted Answer

In a state following the contributory negligence rule, the patient's negligence would normally bar recovery. However, the "last clear chance" doctrine allows the plaintiff to recover if the defendant had the last opportunity to avoid the accident. Here, the train engineer saw the man on the tracks and could have stopped, but did not due to defective brakes. Therefore, the railroad company had the last clear chance to avoid the accident and may be held liable for the patient's death.

A Ninety-Year-Old Patient Walked Away from a Nursing Home and Wandered