Johnston v. Brown, 468 NE 2d 597 (1984).  A 14 year old mildly mentally disabled boy was riding on the wrong side of the road.  He was struck by a metal rod protruding from an oncoming truck, and this severely damaged his right arm.  Judgment for defendant affirmed.  From the Court of Appeals of Indiana, Third District, opinion:  "In order for the doctrine of last clear chance to apply, the following must exist:  A plaintiff, through negligence, places himself in a position of peril from which he cannot extricate himself or to which he is oblivious.  The defendant must know of the plaintiff's perilous position, must have the last clear chance to avoid injury to the plaintiff, and must fail to exercise due care to prevent injury.  ...

"The Johnstons rely heavily on testimony that Brown and the passenger of the truck saw the boy when they were 150 feet apart.  However, the defendant's knowledge of the plaintiff's peril, even if conclusively shown, is only one element of the last clear chance doctrine.  The evidence regarding the defendant's last clear chance, his exercise of due care and the plaintiff's ability to extricate himself from a position of peril was inconclusive or contradictory, i.e. questions of fact for the jury.  There was testimony that the boy could have moved four to five feet further to his left as the truck approached at 20 miles per hour.  Moreover, the driver testified he had moved the truck to his left so that the tires were next to the center line and the passenger testified that she believed there was sufficient room for the boy to pass safely on their right.  ..."
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