Atwood

Atwood v. Villa

Good Law
101 Cal. Rptr. 508·1972 Cal. App. LEXIS 1018·25 Cal. App. 3d 145
Court of Appeal of CaliforniaApril 25, 1972Civ. No. 38996California4,509 words

Opinion

Lead Opinion

Allport, J.

*147 Opinion

On. June 13, 1968, a collision occurred between automobiles being operated by plaintiff and defendant at the intersection of Stocker and Dorothy Streets in the city of Glendale. Stocker runs, east and west and Dorothy north and south. Plaintiff was traveling west and defendant east on Stocker. Defendant was in the process of making a left turn to go north on Dorothy when the collision took place. Stocker is 40 feet wide and, being in a residential area, the prima facie speed limit was 25 miles per hour. As a result of this accident a complaint was filed seeking general and special damages for personal and other consequential injuries. A first cause of action was based upon negligence and a second on the theory of recklessly, wilfully and intentionally operating the vehicle in violation of law, in a state of intoxication, in an attempt to' escape arrest by the police and in utter, wanton and reckless disregard for the life and safety of plaintiff. Defendant’s answer denied negligence and damage and alleged contributory negligence and assumption of risk as affirmative defenses. The following issues were submitted to the jury: (1) negligence; (2) proximate cause; (3)…

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