Riddick

Riddick v. Jim Hay Co.

Good Law
119 Cal. Rptr. 546·1975 Cal. App. LEXIS 1701·45 Cal. App. 3d 464
Court of Appeal of CaliforniaFebruary 20, 1975Civ. 1925California2,352 words

Opinion

Opinion

Thompson, J.

Plaintiff appeals from the judgment entered on a jury verdict in favor of defendants and from the denial of a motion for a new trial; the latter order is not appealable and is dismissed. (Rodriguez v. Barnett, 52 Cal.2d 154, 156 [ 338 P.2d 907 ].)

The major portion of the facts in this action are not in dispute. Plaintiff, while riding as a passenger in a vehicle being driven by his 15-year-old friend, Joe Castro, was injured in a collision.with a truck belonging to defendant Jim Hay Company and being operated by its employee codefendant Jesse Earl McCoy; at the time of the accident plaintiff also was 15 years old. The vehicle occupied by plaintiff was being driven between 50 to 60 miles per hour in a northerly direction on Mettler Road in Kern County in a 65-mile-an-hour zone when it collided with the truck. The truck had proceeded west on Valpredo Road to the point where that road made a “T” intersection with Mettler Road. After making a stop at the stop sign protecting Mettler Road, the truck was making a left hand turn onto Mettler Road when the collision occurred. The vehicles collided in the middle of the intersection; the front of the car impacted with the rear…

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