Phillips

Phillips v. Treiman

Good Law
1967 Cal. App. LEXIS 2194·249 Cal. App. 2d 33·57 Cal. Rptr. 37
Court of Appeal of CaliforniaFebruary 28, 1967Civ. No. 29543California1,976 words

Opinion

Lead Opinion

Jefferson, J.

This appeal is brought by plaintiff from an adverse judgment entered upon a jury verdict in her action for damages for personal injuries suffered when she was struck by defendant’s automobile. Plaintiff contends the verdict against her resulted because the jury was not properly instructed on the law applicable to the case.

In a pretrial statement the parties agreed that the accident occurred at 10:30 p.m., on a clear night, at the intersection of Olympic Boulevard and Overland in West Los Angeles; tri-color traffic lights were in operation at the time; the signal was green for north-south traffic on Overland when plaintiff, a 55-year-old woman, entered the marked crosswalk and proceeded to cross Olympic; while she was still within the crosswalk she was struck and severely injured by defendant’s automobile which was proceeding eastbound on Olympic in the curb lane.

Plaintiff testified she was walking south on Overland on her way home when she reached the intersection of Olympic and Overland. There was heavy traffic on Olympic. She waited at the corner until the light turned green and, after looking to the left to be sure the ears heading west would stop, she began to walk across…

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