Shepherd
Shepherd v. Walley
Opinion
Opinion
Ashby, J.
Appellant Margarete Shepherd and her husband, John Shepherd, sued respondent Wayne Eugene Wally, Arlie William Prowant, and Peter Luna Espinoza for personal injuries and property damage sustained in an automobile collision. By various dismissals prior to commencement of trial all of the defendants, other than respondent Wally, were dismissed from the action, and coplaintiff, John Shepherd, dismissed his causes of action. The jury returned a defense verdict, and Mrs. Shepherd appeals from the resulting judgment contending that the trial court committed prejudicial error in admitting evidence of a compromise settlement made with defendant Prowant, and in refusing to instruct the jury on the effect of circumstantial evidence.
The vehicles involved in this accident were traveling southbound on the Long Beach Freeway at approximately 3 p.m. on a clear but windy day. Appellant was a passenger in an automobile owned and driven by her husband in lane number 3 of said four-lane freeway. The Espinoza vehicle was in lane number 2 to the rear of the Shepherd automobile. The' Prowant car was traveling in lane number 4 somewhat forward of the other cars.