Goncalves v. Los Banos Mining Co

In Goncalves v. Los Banos Mining Co. (1962) 58 Cal.2d 916, a car travelling on a through highway collided with a car on a cross-street that had run a stop sign and entered the intersection with the through highway. (Goncalves, supra, 58 Cal.2d at pp. 917-918.) The driver of the car on the through highway, Sanchez, claimed that she looked straight ahead and "did not concern herself with possible approaching traffic on the cross-street because she knew there was a stop sign." (Id. at p. 919.) The Supreme Court held that Sanchez was "entitled to assume" that any driver on the cross-street approaching the intersection would stop at the stop sign, unless and until she knew or should have known that the driver on the cross-street would not stop. (Ibid.) It was for the jury to decide at what time prior to the collision, if at all, Sanchez should have known that the driver on the cross-street would fail to stop and whether Sanchez thereafter could have taken any action that would have avoided the collision. (Ibid.)