Riddick
Riddick v. Jim Hay Co.
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…