Sweet v. Ybarra

KRUCKER, Judge.

Plaintiffs, Gloria Ybarra and her husband, sued defendants, Charles Sweet and his wife, for damages resulting from an automobile accident. The court directed a verdict for the plaintiffs as to liability and a jury fixed damages. Defendants now appeal the judgment, challenging the direction of verdict.

The accident occurred in a southbound freeway access lane between St. Mary’s Road and Congress Street in Tucson. Plaintiff-wife had proceeded up the access lane followed by defendant, Charles Sweet. Heavy traffic already on the freeway prevented plaintiff or defendant from merging…