Gonsalves v. Petaluma Building Materials Co.

Appellant, the bystander victim of a truck collision, unsuccessfully contends that the judgment for respondents cannot stand because of the submission to the jury of certain erroneous instructions, the refusal of other proposed instructions, the denial of his motion for new trial, and the court’s striking of his affidavit in support of that motion.

This highway accident case originated in an area where the north and southbound roadways are separated by 40 to 50 feet of open ground. Following the procedure of the trial court, we designate the fast moving north lane, closest to the dividing…