Worford

Worford v. Jiminez

Good Law
1968 Cal. App. LEXIS 2331·262 Cal. App. 2d 449·68 Cal. Rptr. 787
Court of Appeal of CaliforniaMay 24, 1968Civ. No. 23737California1,812 words

Opinion

Lead Opinion

Molinari, J.

Plaintiff appeals from a judgment entered on a jury verdict in favor of defendants in an action for damages for personal injuries arising when plaintiff’s truck, while making a left turn, was struck in the rear by a tractor and trailer driven by defendant Jiminez. Plaintiff’s *450 sole contention is that the trial court erred in giving an instruction based on Vehicle Code section 22504 1 and given substantially in the language of that section as follows: “Upon any highway in unincorporated areas no person shall stop, park, or leave standing any vehicle, whether attended or unattended, upon the roadway when it is practicable to stop, park, or leave the vehicle off such portion of the highway, but in every event an unobstructed width of the highway opposite a standing vehicle shall be left for the free passage of other vehicles and a clear view of the stopped vehicle shall be available from a distance of 200 feet in each direction upon the highway. ...”

The court also instructed that violation of the foregoing statute raised a rebuttable presumption of negligence, and that contributory negligence of plaintiff would bar recovery unless the doctrine of last clear chance was…

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