Tischoff

A jury awarded plaintiff JaneD. Tischoff $75,000 for injuries she received in an automobile collision. Defendant Pearl H. Wolfchief appeals, contending judgment should not have been entered as against her because the car she was driving at the time of the accident did not come in contact with plaintiff’s car.

About 9:00 p.m., July 27, 1966, plaintiff stopped her car at a stop sign on Rosemont Street at its intersection with La Jolla Boulevard, a through street. Starting across La Jolla Boulevard, plaintiff saw two cars to her right, about 800 feet away, traveling abreast. She could not estimate their speed but that section of La Jolla Boulevard was posted for a 30 mile per hour speed limit. Continuing across, plaintiff looked to her left, then again to her right. The two cars were still abreast of each other but were now only 17 or 18 feet away.

One of the approaching cars, driven by Robert Pratt, collided with plaintiff’s car. The other, driven by defendant, missed. Pratt was not a party to the trial as plaintiff’s action against him was settled out of court.

Earlier in the evening, about 6:30 p.m., defendant Pearl Wolfchief met her boyfriend, Robert Pratt, at a…