Cook v. Ross

VAN DYKE, P. J. This action was brought by plaintiff, appellant here, against respondents, Robertson Truck-A-Ways, Inc., a corporation, and its employee driver, Yates; and against James A. Ross. The action arose out of a three-car collision at an intersection of two highways. The case was tried to a jury which returned a verdict of $40,000 against Ross and a verdict exonerating Robertson Truck-A-Ways. Inc., and Yates. Prom the judgment entered in favor of Robertson Truck-A-Ways, Inc., and Yates, plaintiff has appealed. Ross did not appeal.

Appellant contends the trial court erred in refusing to give certain instructions which she requested. Following is a statement of facts sufficient for the resolution of the issues posed by these contentions: Highway 50 intersects Van Sosten Road in San Joaquin County; plaintiff was driving west on Highway 50, intending to turn left at its intersection with Van Sosten Road; at the same time Yates'was driving1 his employer’s truck east on Highway 50, intending to cross the intersection and proceed east; Ross was driving on Highway 50 behind appellant’s car, intending to cross the intersection and proceed west; as appellant approached the intersection she signaled her intention to turn left. Both Yates and Ross saw the signal. There is a dispute in the testimony as to how fast the cars were going, to what speeds they slowed down and as to their relative distances from the intersection when appellant gave her signal. There was testimony from which the jury could have concluded that when plaintiff [204]gave her signal and drove into the intersection Yates was so far hack that she had the right of way and that Yates should have yielded it to her. Her testimony was generally to that effect and she said further that when she had entered the intersection she observed Yates was still driving toward it without appreciably lessening his speed; that she started her turn and was in position to cross the center line into the south lane when, because Yates was still approaching, she believed he would not stop and she stopped to avoid a collision. She was stationary only a second or so, as she said, when her car was struck by that driven by Ross and shoved into the southbound lane where it was hit by the truck driven by Yates.

Appellant asked of the trial court that it instruct the jury as to the statutory standards governing those involved when a car turns left at an intersection as set forth in section 551 of the Vehicle Code. That section reads as follows:

“ (a) The driver of a vehicle within an intersection intending to turn to the left shall yield the right of way to any vehicle approaching from the opposite direction which is within the intersection or so close thereto as to constitute an immediate hazard.