Wechlo

This cause of action arose out of an automobile-pedestrian collision on East Anaheim Street in the Wilmington area. Plaintiff appeals from judgment in defendant’s favor entered on a jury verdict. The sole issue before us involves the trial court’s refusal to give plaintiff’s requested instruction on last clear chance (BATI No. 4.20).

*993 Viewing the evidence in a light most favorable to plaintiff’s case (Bone-brake v. McCormick, 35 Cal.2d 16, 19 [ 215 P.2d 728 ]), we summarize the relevant facts: the accident occurred between 7:30 and 8 on the evening of August 9, 1971, when plaintiff, an elderly man (about 84 years of age), started across Anaheim in the middle of the block and approximately 250 feet from the nearest available crosswalk (at Banning and Anaheim) where there was a traffic control signal. At that point Anaheim has four traffic lanes, two eastbound and two westbound, together with two curb lanes for parking; street lights on both sides of Anaheim were on, and according to the police report, the accident occurred when it was nighttime and in a business district.

The actual impact was witnessed by Henry Cantrell and Mrs. Francie Wasowski, both of whom were…