Paul W. Thorton v. William Aronoff

McLAUGHLIN, Circuit Judge.

We have jurisdiction in this personal injury action by virtue of diversity of citizenship.

Plaintiff, Thorton, was traveling south on a four lane highway at 1:00 A.M. of a clear dry night. Upon reaching an intersection, at which there was a flashing amber traffic signal, he stopped for a second and then proceeded to make a left turn across the northbound lanes into a side street. Plaintiff had previously observed defendant’s car approaching in the northbound lane on the curb side of the highway and upon commencing his turn he knew defendant’s car to be about one…