Welch v. Gardner

Plaintiffs-appellants, husband and wife, brought this wrongful death action against defendant-respondent to recover damages for the death of plaintiffs’ son, aged 4 years, occasioned when the minor child suddenly ran partly across Highway 99 near Coachella and was struck by defendant’s car. This highway ran generally north and south. The paved portion was divided into two 12-foot lanes with a white center line. It had oil shoulders, each about 6 feet in width. The surrounding terrain was level and sparsely settled. Near the point of collision and east of the highway were a few homes and large…