Alston v. American Transit, Inc.

The record demonstrates that defendant Barcene, the driver of an ambulette, was headed south and stopped in the left lane of a two-lane avenue waiting for the traffic light to change. Immediately in front of Barcene was a double-parked truck, in a position that straddled the parking lane adjacent to the curb and extended slightly into the left traffic lane in which Barcene was waiting. When the light changed, Barcene passed the truck without having to leave the left traffic lane. Having completely passed the truck, and still driving in the left lane, Barcene’s vehicle was struck on the…