DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
051114P.pdf 11/15/2005 Marques Good Low v. United States
U.S. Court of Appeals Case No: 05-1114
District of South Dakota
[PUBLISHED] [Melloy, Author, with Beam and Benton, Circuit Judges]
Civil Case - Federal Tort Claims Act. Judgment in favor of government
in negligence action is affirmed. Finding that plaintiff's conduct
contributed more than slightly to injuries sustained when compared to the
conduct of defendants is not clearly erroneous. Last clear chance doctrine
does not apply to the circumstances of this case. Plaintiff's failure to
protect himself constituted continuing negligence and last clear chance is
inapplicable.