DiRosario

—This is an appeal from a judgment in favor of plaintiffs Daniel L. and Rachel DiRosario (hereafter respondents), and against defendant Dr. Gary Havens (hereafter appellant or Dr. Havens).

This case arises out of an action brought by the surviving parents for the wrongful death of their minor daughter, Debbie Lisa DiRosario, who as a pedestrian crossing in an intersection, was struck and killed by an automobile driven by appellant Dr. Havens.

The jury’s verdict for respondents was unanimous. By special finding, the jury awarded damages to Daniel L. DiRosario in the amount $859,500, and to Rachel DiRosario in the amount of $1,224,800; the jury further found that Debbie DiRosario was 40 percent at fault and Dr. Havens 60 percént at fault. Appellant’s motion for a new trial was denied.

Facts of the Case

On the afternoon of October 31, 1979, Debbie DiRosario was crossing Beverly Boulevard at its intersection with June Street in the City of Los Angeles. She was struck by a 1972 Mercedes-Benz 450SL automobile, driven by appellant who was proceeding westbound on Beverly Boulevard.

At trial appellant acknowledged that he was the driver of the automobile, that he was familiar…