Heap

In this personal injury action, plaintiff appeals from a judgment for defendant granted at the close of plaintiff’s case on defendant’s motion pursuant to Code of Civil Procedure section 631.8. The action was based on product liability.

On December 20, 1972, plaintiff was involved in a traffic accident while operating her 1966 Buick manufactured by defendant. She was driving northbound on the San Diego Freeway in the number four lane, preparing to exit at Wilshire Boulevard, when the car in front of her stopped suddenly. She applied her brakes and swerved into the number three lane to go around the stopped car, and was struck in the side by a truck. Prior to impact, her foot was on the brake. The impact caused her to be thrown around in the car. She was taken to the U.C.L.A. Medical Center in an ambulance. Her injuries included a severe cut and gouge to *827 the inner right ankle around the ankle bone. At the time of the accident, plaintiff, who was 72 years old, did not personally observe what cut her.

Two to three days later, plaintiff’s husband examined and took photographs of the car at the place it had been towed, with particular attention to the accelerator pedal…