Christian

Plaintiff sought damages for injuries suffered when an automobile in which she was riding was struck by an automobile being operated by the defendant. The jury returned a verdict in favor of the defendant. Plaintiff moved for a new trial which was granted. This appeal is from the order granting the new trial.

Plaintiff was a driver education instructor for Indio High School. The accident in question occurred at the intersection of Monroe Street and Highway 111. Monroe runs north and south with only one designated lane in each direction; however, the street is wide enough to accommodate two lanes of traffic in each direction and is commonly used in such a manner. Highway 111 runs generally east and west and has two lanes designated for traffic in each direction, plus left turn lanes for each direction.

At the time of the accident, plaintiff was riding in a Volkswagen automobile which was being used in the driver education program and was being driven by a student, Elsie Joy. They were traveling south on Monroe as they approached the intersection of Highway 111. The student was instructed to turn left from Monroe onto Highway 111. It was during the process of executing…