Rubalcaba v. Sweeney

This is an appeal from a judgment entered upon a defense verdict in a personal injury action.

Appellant was injured when struck by respondent’s automobile on a street in downtown Sacramento. The complaint as amended alleged that at the time of the accident, which occurred at night, appellant was “a pedestrian proceeding in a generally northerly direction across Capitol Avenue.” However, at the trial appellant testified that he was not crossing the street, but was starting to open the door on the driver’s side of his parked automobile. Other than the statements in the verified complaint and…