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HEADNOTE: NATIONWIDE MUTUAL INSURANCE CO. V. GAIL ANDERSON, INDIVIDUALLY, ETC., NO. 2055, SEPTEMBER, TERM, 2003. LAST CLEAR CHANCE DOCTRINE; ELEMENTS OF THE DOCTRINE ARE PRIMARY AND CONTRIBUTORY NEGLIGENCE OF THE PARTIES, A SHOWING, BY THE PLAINTIFF, OF SOMETHING NEW AND SEQUENTIAL WHICH AFFORDS THE DEFENDANT A FRESH OPPORTUNITY (OF WHICH THE DEFENDANT FAILS TO AVAIL HIMSELF OR HERSELF) TO AVERT THE CONSEQUENCE OF HIS ORIGINAL NEGLIGENCE; LOWER COURT ERRED IN INSTRUCTING JURY ON LAST CLEAR CHANCE AND DENYING DEFENDANT'S MOTION JNOV IN CASE IN WHICH ESTATE OF 16-YEAR-OLD UNLICENSED, INTOXICATED DRIVER, SUED THE 29-YEAR-OLD DEFENDANT/PASSENGER ON THE THEORY THAT HE HAD THE LAST CLEAR CHANCE TO PREVENT THE MINOR FROM STRIKING THE FRONT OF ANOTHER CAR, CAUSING VEHICLE IN WHICH THEY WERE RIDING TO FLIP OVER AND COMING TO REST ON ITS ROOF, KILLING THE 16-YEAR-OLD DRIVER; BECAUSE NEGLIGENCE OF THE PARTIES WAS CONCURRENT AND THERE WAS NO FRESH OPPORTUNITY ON THE PART OF DEFENDANT TO AVOID THE DANGER AND BECAUSE PARTY IN HELPLESS PERIL AND PARTY IN POSITION TO AVOID DANGER BY REASON OF BEING IN CONTROL OF THE DANGEROUS INSTRUMENTALITY WERE THE SAME PERSON, LAST CLEAR CHANCE DOCTRINE WAS INAPPLICABLE TO THE INSTANT CASE.

REPORTED IN THE COURT OF SPECIAL APPEALS OF MARYLAND No. 2055 September Term, 2003

NATIONWIDE MUTUAL INSURANCE COMPANY v. GAIL ANDERSON, INDIVIDUALLY, ETC.

Davis, Eyler, Deborah S., Adkins, JJ.

Opinion by Davis, J.

Filed: December 23, 2004

On June 10, 2002, appellee Gail Anderson1 filed a Complaint as personal representative of her deceased daughter's estate against Renardo and Sean Clyburn and appellant Nationwide Mutual Insurance Company (Nationwide)2 in the Circuit Court for Prince George's County. A settlement was reached between appellant and Renardo and Sean Clyburn; the Clyburns were subsequently dismissed from the action on October 10, 2002. The matter proceeded to trial on July

8, 2003 and, on July 9, 2003, the jury returned a verdict in favor of appellee and awarded appellee $155,000 in damages. On

appellant's motion, and with appellee's consent, the award was reduced to $80,000. On July 11, 2003, appellant filed a Motion for

Judgment Notwithstanding Verdict, which was denied by the trial judge (Clarke, J.). 29, 2003. Appellant presents one question for our review, which we re

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