Byrne

This is an appeal from a judgment entered on a special jury verdict finding that the evidence did not establish negligence on the part of any defendant amounting to a proximate cause of personal injuries sustained by the minor plaintiff. The questions are whether: 1) the trial court properly refused plaintiff’s proffered jury instruction based on Vehicle Code section 21951; and 2) the trial court abused its discretion by denying plaintiff’s motion for a new trial on grounds that the evidence was insufficient to justify the verdict. For the reasons set forth below, we have concluded that the judgment must be affirmed.

The record reveals the following pertinent facts: The accident occurred about 4 p.m. on March 26, 1974. Plaintiff, who was then 14 years old, got off a city municipal railway bus at the southeastern corner of the intersection of Sunset Boulevard and Santiago Street in San Francisco. Sunset has three lanes of traffic traveling north and south; Santiago crosses in an east and west direction with arterial stop signs. Plaintiff had passed in front of the stopped city bus when she was first struck in the marked crosswalk, by the red 1972 Ford pickup truck driven…