McCown

Plaintiff appeals from a judgment entered upon a jury verdict for defendants in a personal injury action arising out of a two-car rear-end collision. Plaintiff charges that the trial court erred in instructing the jury relative to the provisions of section 22107 [signaling before turning] and section 22109 [signaling before stopping] of the Vehicle Code, and that defendant was negligent as a matter of law because he was following too closely.

On June 12, 1963, the plaintiff, Gardner McCown, in his capacity as a drivers’ license examiner of the State of California, was conducting a driving test of Warren S. Guy, age 73, to determine Guy’s qualifications for a license renewal. Plaintiff was riding in the right front seat of a 1963 Cadillac owned and operated by Guy. The test commenced at the Ontario motor vehicle office. The accident happened just before the test was completed as the Cadillac was proceeding in an easterly direction on Fourth Street returning to the departmental office. The defendant, John Castle, was driving a Ford pickup truck owned by his employer, the defendant Berry Construction, Inc. As the pickup was proceeding east on Fourth Street, it followed the…