Castaline

Both defendant City of Los Angeles (City) and plaintiffs Bernard and Marilyn Castaline appeal from a judgment in plaintiffs’ favor. Trial was by jury.

Facts

The basic facts in this chain-reaction automobile collision incident are undisputed. On July 21, 1969, a Monday, at about 6:30 a.m., plaintiffs were driving in the northbound number two lane of the Golden State Freeway in the San Fernando area near the Hollywood Freeway interchange. A street sweeper was moving southbound on the freeway, half on the shoulder of the road and half in the number four lane. The sweeper swerved into the southbound number four lane, apparently to avoid a vehicle stalled on the shoulder. To avoid contact with the sweeper, other vehicles swerved also. Defendant King, in the southbound number three lane, swerved across the southbound lanes of traffic, crossed the center divider, and struck plaintiffs’ vehicle, injuring both of them.

Plaintiffs sued one Illbrank, King, the County of Los Angeles, the State of California, and the City of Los Angeles. A default was taken against Illbrank; after discovery but before trial dismissals with prejudice were filed against all defendants except the…