Frasca

Frasca v. Warner

Good Law
1967 Cal. App. LEXIS 2264·249 Cal. App. 2d 593·57 Cal. Rptr. 683
Court of Appeal of CaliforniaMarch 20, 1967Civ. No. 29755California2,384 words

Opinion

Lead Opinion

Fox, J.

This action grows out of an automobile accident. Verdict and judgment went for defendant. Plaintiffs have appealed.

The basic question on this appeal is whether the court prejudicially erred in admitting evidence as to the manner in which the accident occurred that was outside defendant’s pretrial statement as to how it occurred.

The accident occurred in the late afternoon of May 22, 1961, on Vanowen Street, 195 feet east of the intersection of *594 Yanowen Street and Yan Alden Avenue in Reseda. Plaintiff, Elva I. Frasca, was eastbound in the southerly traffic lane which was unmarked. 1 Defendant was traveling in the same direction. A rear end collision occurred.

In the joint pretrial statement defendant did not state the portion of the highway on which she was traveling, merely that she was " eastbound on Yanowen Street.” In her separate pretrial statement defendant stated, under the heading Factual Issues Remaining in Dispute: “ (a) The manner in which the accident occurred: Defendants * contend that defendant Yiola 0. Warner was driving her vehicle in an easterly direction behind the vehicle operated by plaintiff Elva Frasca; that after both vehicles crossed the intersection…

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