Valerio

Valerio v. Jahura

Good Law
12 Cal. Rptr. 296·191 Cal. App. 2d 159·1961 Cal. App. LEXIS 2037
Court of Appeal of CaliforniaApril 13, 1961Civ. No. 19424California1,025 words

Opinion

Lead Opinion

Stone, J.

Plaintiff was a guest passenger in an automobile that collided with a car owned and driven by the defendant. A jury brought in a verdict for defendant, a judgment followed, and plaintiff appeals.

Both vehicles involved were traveling south on Mathilda Avenue in Santa Clara County. The ear in which plaintiff was riding was in the lead, with defendant one or two car lengths to the rear, both vehicles traveling about 20 miles per hour. As the vehicles approached the Maude Avenue intersection, each was properly on the right hand side of Mathilda Avenue, a two-lane street, one lane for each direction of traffic. Near the approach to Maude Avenue there was a double white line down the middle of Mathilda Avenue. Defendant, wishing to make a left turn from Mathilda onto Maude, drove over the double line and into the left or northbound lane. He was then some two ear lengths from the intersection. As the ears reached the intersection defendant pulled up alongside the car in which plaintiff was riding so that the cars were side by side, with defendant in the wrong lane. Plaintiff’s driver, without giving any signal, turned left into Maude Avenue and struck defendant’s car which also was…

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