Hardison

Appellant, Roy Hardison (hereafter appellant), injured in an automobile accident, appeals from a defense verdict. He contends the verdict is not supported by the evidence. We reverse.

Facts and Procedural History

On January 29, 1986, appellant was the middle passenger in a pickup truck driven by Danny Ray Smith. The truck was traveling north on Old River Road in Kern County. It was between 4 and 4:30 in the afternoon, and dust or sand was blowing across the road. Smith was driving between 40 and 50 miles per hour.

Respondent Jesse Orrille Bushnell (hereafter respondent) was traveling south on Old River Road, driving a semitractor. He turned left across the northbound lane onto eastbound Houghton Road. While respondent’s tractor was in the northbound lane, Smith’s pickup struck it. Appellant, not wearing a seat belt, was thrown forward in the pickup cab. He struck the dashboard, shattering his wrist.

Appellant underwent three surgeries on his wrist. In the final surgery, his wrist was fused, using a portion of his hip bone.

Appellant sued respondent and respondent’s employer. Jury trial began in September 1991. At the close of evidence, the court’s instructions to the…