Schramko

Appellant is plaintiff in an automobile accident case. His vehicle was struck by a huge truck which was making a left turn into the street on which appellant’s car was, appellant’s vehicle being faced in the opposite direction to that of respondents’ rig after the latter completed the turn. Specifically, appellant’s car faced north, the truck turned from east at the intersection to south.

It is undisputed that the collision occurred on the left, or wrong, side of the street, from the truck’s standpoint; this was the street being entered by the truck. The truck was about 3 feet over the center line at the point of impact. The driver had pleaded guilty to a charge of making an improper left turn, and this plea was brought out as an admission at the accident trial. Although respondents do not concede negligence, it seems that the main issue was that of contributory negligence.

Facts and Decision on Instruction Bearing on Negligence

' There is, however, one aspect of the ease relating tc negligence of the truck driver which must be considered, namely, whether it was error for the court to instruct on the provisions of Vehicle Code section 21650, subdivision (b). The instruction as…