Gallardo v. Luke

This is an appeal by defendants from an order granting plaintiffs’ motion for a new trial upon the ground of the insufficiency of the evidence to sustain the verdict in an action under the provisions of section 377 of the Code of Civil Procedure.

There is substantial agreement relative to the topographical conditions existing at the situs of the accident. San Pablo Avenue, running north and south in the city of Oakland, is approximately seventy feet in width, the center thereof divided by a double white line. The easterly half is again divided into two lanes, of which that nearest the curb…