Stanich v. BUCKLEY

This is an action to recover damages for personal injuries claimed to have been suffered by plaintiff when he was struck by defendant Buckley’s automobile as it was being backed out of its position in plaintiff’s parking lot by defendant Carrol. The jury returned a verdict in favor of the defendants. Plaintiff moved for a new trial on the ground that the trial court erred in failing to give a requested instruction. The motion was granted and defendants appealed.

The requested instruction was as follows:

“I instruct you that a pedestrian has the right to assume that the driver of an automobile…