Roberts

Roberts v. Guillory

Good Law
102 Cal. Rptr. 134·1972 Cal. App. LEXIS 1079·25 Cal. App. 3d 859
Court of Appeal of CaliforniaMay 22, 1972Civ. No. 29216California758 words

Opinion

Lead Opinion

Kane, J.

Plaintiff Robert Roberts appeals from a judgment entered on a jury verdict denying him. recovery for personal injuries.

On May 16, 1966, the day of the accident, appellant, a truckdriver, was assigned to deliver and unload desks for the Department of Social Services at 1360 Mission Street, San Francisco. At this location Mission Street had three westbound lanes, two for traffic, one for parking and/or *861 loading. Appellant parked his vehicle in the loading zone with the wheels touching the curb.

During the unloading process appellant, who was inside the van, noticed that a passing vehicle caused the trailer to rock. Since appellant earlier in the day observed that the hook on the street side of the trailer was bent, the sudden rock of the trailer aroused his suspicion, that the inside hook of the side door might also be faulty. Fearing that the door might come loose and swing out into the traffic, appellant decided to check the latch to make certain it was secure. In order to' do so, he jumped down through the rear door onto the pavement. It was at this moment when appellant was hit by the dump truck driven by respondent.

Appellant contends that the trial court…

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