Donnelly

Donnelly v. Peterson

Good Law
1968 Cal. App. LEXIS 1671·265 Cal. App. 2d 717·71 Cal. Rptr. 659
Court of Appeal of CaliforniaSeptember 16, 1968Civ. No. 31460California1,517 words

Opinion

Lead Opinion

Kaus, J.

Plaintiff Donnelly recovered a $25,000 judgment from the defendant Alice E. Welles.

Facts

The undisputed facts of the accident out of which this litigation arose are these: Plaintiff was westbound on Valley Boulevard; he was riding a motorcycle; the intersection had “left turn slots” in all directions; defendant, who had been *719 eastbound, was in the process of making a left turn onto New Avenue, a north-south street, when there was a collision between plaintiff’s motorcycle and defendant’s ear; the light for east-west traffic was green; the posted speed limit on Valley Boulevard was 35 miles per hour.

The jury was presented with three versions of the accident: plaintiff’s as corroborated by the witness Nelson; defendant’s ; and, third, that of defendant's witness, Bowman.

Plaintiff’s Version: Plaintiff was westbound in the center lane driving below the posted speed. Nelson was driving a truck to the right of and behind plaintiff. As they approached the intersection, a Falcon and defendant’s Chevrolet, in that order, were waiting to make left turns. After permitting westbound traffic somewhat ahead of plaintiff to clear the intersection, the Falcon completed its left turn.…

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