Sparks

Plaintiff appeals from an adverse judgment, entered pursuant to the verdict of a jury, in an action for damages for personal injuries sustained by him in a motor vehicle accident. His motion for a new trial was denied. The named defendants are the adverse driver, Paul David Bledsaw, and his employer, Ens Building Supply. The word “defendant” as used hereinafter shall designate the defendant-driver Bledsaw.

Plaintiff’s appeal is based on three grounds: That there is no substantial evidence to support the implied finding of the jury that the defendant was not negligent; error in giving and refusing to give instructions; and that the trial court erred in restricting the argument of plaintiff’s counsel to the jury.

The Facts

The accident occurred in the outer northbound lane on U.S. Highway 99 at a point south of Livingston, California, on a foggy morning at approximately 6 :30 a.m. The plaintiff was riding as a passenger in a State of California dump truck driven by one Robert Pittser. Because of the traffic ahead being stopped in both northbound lanes, Pittser brought his truck to a halt in the outer northbound lane where it remained for a period of three to eight minutes prior…