Michelli

Frank H. Kern appeals from an order granting Joseph M. Michelli a new trial in his action for personal *1048 injuries sustained in an automobile collision. Following a jury-verdict and entry of judgment in favor of Kern, the trial court granted respondent’s motion for a new trial on the grounds of insufficiency of the evidence to justify the verdict and that the verdict was against the law. In so doing the court commented:

Appellant contends the trial court abused its discretion in granting the motion for new trial and that, in fact, Michelli’s contributory negligence was established as a matter of law. These contentions are without merit.

It is undisputed that Kern, driving a 1962 Buick, collided with Michelli’s 1960 Ford in front of the union hall on Colorado Boulevard in Glendale on the afternoon of December 3, 1962. Michelli, acting in the course of his employment as a union representative, was escorting a new employee, Thomas Bibbs, to show him the routine of the work. He proceeded east on Colorado Boulevard under moderately heavy traffic conditions to a point where he wished to make a left turn into the alleyway on which his office was located. He waited a few minutes for…