Caden
Caden v. McMillin
Opinion
Lead Opinion
Tamura, J.
This is an appeal from an order granting plaintiff a new trial in a personal injury action arising out of an automobile accident.
In view of the narrow legal issue presented, only a brief summary of the facts is required. The accident occurred at the *338 intersection of Broadway and Washington Streets in the City of Santa Ana, Broadway, being a north-south street and Washington an east-west street. At its intersection with Broadway, Washington jogs, the portion easterly of Broadway being south of the portion running westerly therefrom. Broadway has two traveling lanes and a parallel parking lane adjacent to the curb on each half of the street. The intersection was controlled by traffic signals which at the time of the accident were green for north-south traffic on Broadway. Plaintiff, driving a 1957 Jaguar, was proceeding northerly toward the intersection on Broadway on the traveling lane adjacent to the parking lane, and defendant, driving a 1956 Buick, was proceeding southerly on Broadway attempting to make a left easterly turn onto Washington. When defendant reached the intersection, he stopped because a pickup truck proceeding northerly on Broadway was attempting a left turn…