Malpica v. Sebastian

In this personal injury action brought by Josefa Malpica (plaintiff) against David Sebastian (defendant), a jury returned a verdict for defendant and a special interrogatory finding plaintiff guilty of contributory negligence. Plaintiff appeals.

Plaintiff, a pedestrian, was struck by an automobile. Diversey is an east-west street. Diversey has four traffic lanes. The two outside lanes are used for parking. The two inside lanes carry traffic in both directions. The center of Diversey is marked by a yellow strip.

Rockwell runs north and south. It is 2600 west. Western Avenue is approximately two…