Brooks v. De La Cruz

JACOBSON, Judge.

We review an order granting the plaintiff-appellee a' néW- -trial. ' We will refer to the parties as they were in the trial court.

The minor plaintiff, Emilia de la Cruz, was injured near the end of her journey across East Washington Street in the City -of Phoenix when she was struck by an automobile driven by the defendant Walter Lee Brooks. Emilia was in marked crosswalk at the time. She was five years old, and in the company of her aunt, Lorenza Dominguez, age 16, who had taken Emilia to Mass at a nearby church. The accident occurred at about 12:00 noon on a Sunday. East…