Myers

Myers v. Carini

Good Law
1968 Cal. App. LEXIS 2351·262 Cal. App. 2d 614·68 Cal. Rptr. 800
Court of Appeal of CaliforniaMay 29, 1968Civ. 24475California2,052 words

Opinion

Opinion

Salsman, J.

This is an appeal by Ian Myers from a judgment in favor of respondents John and Joseph Carini after trial by jury of appellant’s action to recover damages for personal injuries.

The record supports the following statement of facts: Appellant, a pedestrian, was standing on the north side of Market Street at Sixth in San Francisco. At this intersection, Sixth Street enters Market Street from the south, but does not continue north beyond Market. Appellant intended to walk south across Market to Sixth. He waited for the pedestrian traffic control signal to change to “walk. ’ ’

Respondent John Carini, driving a vehicle owned by Joseph Carini, was proceeding west on Market Street. He entered the intersection on a green light, but before he could clear the intersection the traffic light facing him turned red, and at about the same time the light facing appellant flashed “walk” for pedestrians. There was some testimony that appellant had- advanced about 5 feet from the north curb of Market before the signal for him changed to “walk.” After taking a few steps in the crosswalk and intersection, appellant came into contact with respondents’ ear. Appellant said he saw no cars in the…

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