Reed

The plaintiff has appealed from a judgment of dismissal entered in favor of the defendant Thelma Reed after her general demurrer to the first amended complaint had been sustained with leave to amend but the plaintiff had failed to avail himself of such leave.

The plaintiff alleged that he was injured when he was struck by an automobile owned by the defendant Reed while it was being driven by plaintiff’s fellow employee, the codefendant Eddie Yanez. The accident occurred on the premises of the employer of the plaintiff and Yanez while each was acting within the course and scope of his employment. It was further alleged that Yanez was operating the vehicle with the permission and consent of the defendant Reed. Other allegations were as follows: “That ... on the parking area of Foothill Motors ... at a time and place where many automobiles were parked in close proximity one to the other, and at a time when many employees of said Foothill Motors, and customers thereof, were walking across said parking area and working thereon, and with vehicular traffic constantly moving thereon, all of which facts were known, or reasonably should have been known to defendants, and each of them, said…