Sesler

Does the trial judge have a duty to specially instruct the jury, other than in the words of Vehicle Code section 21801 and BAJI No. 5.21, on the duty of a left-turning driver where, as here, some but not all of the oncoming vehicles have yielded the right-of-way? We hold, under the circumstances of this case, he does.

I

This is an action for negligence arising out of a traffic accident that occurred on August 15, 1983, at the intersection of Euclid Avenue and Sixteenth Street in Santa Ana, California. There were no traffic signals or stop signs regulating traffic at the intersection, and the weather was clear. The intersection of Euclid Avenue and Sixteenth Street is a “T” intersection, with Sixteenth Street terminating its west end at Euclid. Euclid Avenue is a major north-south arterial highway. The posted speed limit for traffic northbound on Euclid was 40 miles per hour. In the immediate vicinity of the accident, Euclid consisted of two southbound lanes plus a left-turn lane, and three northbound lanes.

Plaintiff and respondent Franklin Robert Sesler had proceeded southbound on Euclid, on his motorcycle, intending to turn left on Sixteenth. Defendant and appellant…