QUESTION TWO

Your client was involved in a motor vehicle v. bicycle accident. The cyclist was riding his bicycle on the sidewalk southbound on the west side of North/South roadway. The light for vehicles traveling North/South was green. Your client turns left and the bicyclist hits your clients vehicle as it leaves the sidewalk an enters the cross walk. Plaintiff wants the following jury instruction to be read 704. Left Turns (Veh. Code, 21801) The statute just read to you uses the word "hazard." A "hazard" exists if any approaching vehicle is so near or is approaching so fast that a reasonably careful person would realize that there is a danger of a collision [or accident]. [A driver who is attempting to make a left turn must make sure that no oncoming vehicles are close enough to be a hazard before he or she proceeds across each lane.] Write Prepare a Motion in Limine on behalf of the defendant arguing why this instruction is improper