McCloud
McCloud v. Roy Riegels Chemicals
Opinion
Opinion
Pierce, J.
The appeal is by plaintiff Maureen McCloud from a judgment following a defense verdict in a personal injury action. There are two assignments of error: (1) that the trial court instructed the jury inadequately regarding the manner in which separate property may be transmuted to community property; and (2) that the court improperly denied plaintiff a new trial. The judgment will be affirmed.
The Facts
On the morning of June 5, 1967, plaintiff and her husband were eastbound in a small British-made automobile on State Highway 16, a two-lane highway. Plaintiff’s husband was driving and she was seated beside him. Rain had started shortly before and the pavement was wet.
A truck belonging to defendant Riegels, driven by defendant Pugh in the course of his employment, with another employee, Joe Lavario, riding with him, had been traveling in the westbound lane of the same highway.
As Pugh approached the intersection of Highway 16 and the off-ramp leading into Highway 505, he intended to make a lefthand turn onto the latter. Highway 16 crosses Highway 505 on an overpass. The main bridge crossing the freeway (505) is located 700 feet west of the crest of the south turn…