Vice

Plaintiff appeals from a judgment entered for his failure to file a third amended complaint following the sustaining, with leave to amend, of a demurrer made upon general grounds to a second amended complaint.

Defendant and respondent Automobile Club of Southern California (Club) has filed a motion to dismiss the appeal that will be discussed hereafter.

The second amended complaint (complaint) alleged that Club is in the business of issuing motor vehicle liability insurance policies, and, on September 8, 1962, issued such a policy with limits of $100,000 for one person to John Martin Wyne (Wyne) who was, and was then known by Club to be, 87 years of age, totally blind in one eye, having impaired vision in the other eye, partially or totally deaf and not wearing any hearing aid, with major mental or physical disabilities, without a driver’s license since 1952, unqualified to obtain such a license and incompetent to operate a motor vehicle; that on September 8, 1962, a motor vehicle, owned, managed, maintained and operated by Wyne collided with plaintiff, then two and one-half years of age, while plaintiff was crossing a public highway as a pedestrian, with resulting injury to…