Mikialian

Plaintiff Marc Mikialian and plaintiff-in-intervention CNA Casualty of California appeal from a judgment of nonsuit in favor of defendants and defendants-in-intervention City of Los Angeles, Bruce Watkins, A. Castro, and Thomas R. Whetzel.

Plaintiff’s complaint sought damages for personal injury sustained by him when he was struck by a hit-and-run driver while attempting to install a dolly under a front wheel of an automobile which he had taken in tow with his tow truck. CNA’s complaint in intervention was brought in subrogation pursuant to Labor Code section 3852; it was the worker’s compensation insurance carrier for Archer’s Towing Service, the employer of plaintiff.

When plaintiff was struck, he was afoot on the traffic side of the towed vehicle which, together with his tow truck, was parked at the east curb of Vineland Avenue near its intersection with Sherman Way in the City of Los Angeles. The vehicle which hit him was northbound on Vineland, which at that point comprised a median strip 10 feet in width, a center lane 11 feet in width on either side, and a 24-foot outer lane on either side to the curb. Archer’s Towing Service had been designated an official…