Grigsby

Grigsby v. Pacific Gas & Electric Co.

Good Law
182 Cal. App. 2d 64·1960 Cal. App. LEXIS 2076·5 Cal. Rptr. 616
Court of Appeal of CaliforniaJune 20, 1960Civ. No. 9719California446 words

Opinion

Lead Opinion

Dyke, J.

This is an appeal from a judgment entered upon a defense verdict in a personal injury action.

The material facts are undisputed. The 6-year-old appellant suffered a severe head injury when he ran into the rear of *65 one of the service trucks of respondent Pacific Gas and Electric Company, which was parked perpendicularly to the curb on a residential street in Chico. The parked truck obstructed more than half of the street and there were no warning flags or barricades as required by former section 592.1 of the Vehicle Code. However, it was a dry, clear afternoon and there was no traffic at the site of the accident. The truck was clearly visible. The child was cruising along on his bicycle, looking toward his right, instead of ahead, when he ran into the right rear side of the parked truck.

Appellants assign as error the court’s refusal to instruct the jury that the parking of the truck was, as a matter of law, a proximate cause of the child’s injuries. As stated by Prosser on Torts, second edition, page 282, “ ‘proximate cause is ordinarily a question of fact for the jury, to be solved by the exercise of good common sense in the consideration of the evidence of each particular…

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