Holtz v. Holder

418 P.2d 584 (1966)

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Nature of the Case

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Facts

P stopped for a red light, in the lane nearest the center line where D had also stopped for the light in the lane immediately to the right of P. Up ahead, the right lane was partially blocked by piles of dirt. The street narrowed to a single lane of traffic on the left, nearest the center line. The light changed, and both P and D both started north on 24th. There was not enough room for both cars to travel abreast, and a collision occurred between the two vehicles. P's car was forced in a westerly direction across the center line of 24th Street and into a pickup truck, which was facing south on 24th and was stopped in a line of cars which had been waiting for the light to change. P's vehicle came to rest in a crosswise direction across the lane in which she had been driving. Ten minutes later, a milk truck owned by Carnation Company (D1) and being driven by one of its employees, turned north onto 24th Street. The truck struck P's before a passing maneuver was completed. P sought recover from D and D1. D alleged that P had been contributorily negligent, and D1 generally denied P's allegation of negligence. P's doctor testified that is was impossible to determine which injuries were caused by each defendant. P offered instructions with respect to apportionment of the injuries, and they were refused. Ds got the verdict, and P appealed.