Foss
Foss v. Gallagher & Burk, Inc.
Opinion
Opinion
Draper, J.
Plaintiff seeks damages for personal injuries suffered in a collision of her ear and defendants’ truck. The collision occurred at a three-street intersection controlled by traffic signals. Plaintiff was driving her ear in a funeral procession moving easterly on Foothill Boulevard. The truck was being driven southerly on Seminary Avenue. The parties concede that one of these vehicles entered the intersection against a red light, but the evidence is contradictory as to which vehicle this was. Two guests in the ear driven by plaintiff also were injured, and their actions against these defendants were consolidated for trial with plaintiff’s case. The jury returned verdicts in favor of the two guests, and there is no appeal from judgments entered upon those verdicts. The same jury found against plaintiff, and she appeals from the ensuing judgment.
Appellant urges that the evidence is insufficient to support the judgment against her. The verdicts in favor of appellant’s guests show that the jury found respondent driver negligent. It follows that the verdict against appellant can be based only upon a finding of contributory negligence. Appellant asserts flatly that the jury found that…