Kenneth G. Mann and Lillian Mann v. Javier

According to the testimony of defendant Gonzales, he was driving down the street at approximately 20 to 25 miles per hour when he noticed the Mann car some distance ahead traveling in the same direction. The posted speed limit in that area was 25 miles per hour. Gonzales testified he had no difficulty handling his car prior to the accident, and that he paid no particular attention to the Mann car until he was some six or seven lengths away, at which point Gonzales slowed his vehicle. As Gonzales approached the Mann car from the rear, the Mann car, in attempting to negotiate a right turn at an intersection, struck the east curb and bounced back out into the lane of traffic and stopped. Gonzales applied his brakes and attempted to steer to the left of the Mann vehicle, but his efforts to do so were hampered by the presence of an oncoming vehicle. He was unable to avoid the Mann vehicle and struck its left rear. An officer investigated the accident and estimated that at the time of the collision the right rear of plaintiffs automobile was three feet or more from the east curb. He further testified that the front of the Mann vehicle was some two to two and a half feet from the curb at the time of the accident. Thus, it was the officers opinion that the left rear of the Mann vehicle was protruding into the main traveled portion of the roadway.