Lewis

This is an appeal from a judgment entered in favor of the defendant notwithstanding the jury’s verdict in favor of the plaintiffs in a wrongful death action.

The deceased, Andrew Lewis, sustained fatal injuries when the jeep which he was driving was struck by a pickup truck driven by the respondent. Prior to the accident the two vehicles were proceeding in a westerly direction on a two-lane highway near Nevada City. Respondent was approximately three car-lengths behind the jeep when he accelerated the speed of his pickup and pulled out to pass the jeep. Simultaneously the jeep likewise started to pull to the left into the eastbound lane of traffic. Although the movement of the jeep made the respondent “leary” and suspicious that the jeep was going to make a left turn into a service station on the east side of the highway, respondent did not then apply the brakes, sound the horn, or return to the westbound lane. Instead he permitted the pickup to continue to overtake the jeep and it was not until the front of the pickup was practically abreast of the jeep that respondent applied the brakes. It was then too late to avoid the collision and the front center of the pickup struck the…