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In appropriate circumstances the doctrine of last clear chance is still available in a comparative fault jurisdiction. This is particularly true in the non-pure comparative negligence jurisdiction where a party is not barred from recovering damages in a tort action so long as his negligence or fault does not equal or exceed the combined negligence or fault of the other parties involved in the accident. Bradley v. Appalachian Power Co. 256 S.E.2d 879 (1979) 


Several states which apply comparative negligence concepts retain the last clear chance doctrine (see Schwartz, supra, § 7.2, p. 134), the better reasoned position seems to be that when true comparative negligence is adopted, the need for last clear chance as a palliative of the hardships of the 'all-or-nothing' rule disappears and its retention results only in a windfall to the plaintiff in direct contravention of the principle of liability in proportion to fault. (See Prosser, Comparative Negligence 41 Cal.L.Rev., p. 27.) 

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