Meyer

This is an action for personal injuries arising from the collision of two automobiles at an intersection of aisles in a parking lot. Plaintiff is the driver of one vehicle. The original defendant was the owner and operator of the other ear. He died before the trial and his executrix was substituted. For convenience the two drivers will be referred to as plaintiff and defendant, respectively. The jury returned its verdict for defendant. Plaintiff is appealing from the judgment. The single contention made by plaintiff here is that the court should not have given a jury instruction on the presumption of ordinary care by deceased.

The evidence on the liability issue is brief. The collision occurred at 8:34 p.m. on December 10, 1960, in the parking area of a shopping center located on the south side of Foothill Boulevard, west of Palmetto Street, in Fontana. The area was illuminated by bright vapor lamps. Just before entering the parking area, plaintiff had been traveling east on Foothill. She made a right turn into the parking area and proceeded southward until struck by defendant’s vehicle, which was proceeding westbound in the parking area. The parking area slopes downward from…