Castro

Yolanda Castro sued E. A. Irish, Contractor, for personal injuries suffered when the automobile in which she was a passenger collided with a truck belonging to defendant and driven by one of its employees. She appeals from a judgment entered upon the jury’s verdict in favor of defendant contending, among other things, that the jury was improperly instructed on the issues of imminent peril and defendant’s burden of proving contributory negligence, assumption of risk and imputed negligence (which were not issues in the case) while no instruction was given on plaintiff’s theory. She contends further that defendant’s driver was negligent as a matter of law. We find no merit in any of these contentions.

On November 1, 1960, Yolanda was a passenger in the ear of her friend, Concepcion Vega, driving south on Glendale Boulevard. Yolanda was directing Concepcion to the home of Yolanda’s mother and they made a left turn at the intersection of Glendale and Montana Street. Concepcion turned left swiftly and suddenly across the northbound lane. Her car was struck on the right side by defendant’s truck which was approaching the intersection at 25-35 miles per hour in the second travel lane…