Ungefug

This is an appeal from a judgment for defendant in a wrongful death action brought by the surviving husband and daughter of Elizabeth Ungefug who was fatally injured when struck by an automobile.

The accident occurred at approximately 9 p.m. on March 28, 1963, at the intersection of Foothill Boulevard and Palmetto Avenue in Fontana. Foothill has two westbound and two eastbound lanes with a fifth lane at the intersection for left turns. The posted speed limit for westbound traffic was 45 miles-per-hour. Visibility was good and the pavement was dry.

Defendant D’Ambrosia gave the following account of the accident. He was driving westbound on Foothill in the lane nearest the curb, traveling at 35 miles per hour or less. As he approached the intersection a second westbound vehicle pulled alongside him in the inside lane and passed him by a half-car’s length. The vehicles were in this relative position as they entered the easterly crosswalk of the intersection. When he first noticed decedent she appeared to be in mid-air between the two vehicles; simultaneously he felt an impact. He applied his brakes sharply, veered to the right and came to a stop along the curb. His vehicle left…