The version of RCW 46.61.100(2) that was in place when Sadler was decided provided that only vehicles driving under the speed limit or at a speed `slower than necessary' were required to be in the right-hand lane then available for traffic. Low's reliance on Bearden v. Estate of Chisholm, 3 Wn. App. 454, 476 P.2d 127 (1970), to support her contention that she was in the class of persons intended to be protected by RCW 46.61.100(2), is misplaced. In Bearden, the defendant was allegedly driving partially left of the center line when he hit the plaintiff, a pedestrian.
The giving of these instructions was pursuant to RCW 46.61.100 and 46.61.140. They are pertinent in that they inform the jury that a pedestrian is entitled to anticipate that oncoming vehicles will be in their appropriate lane of traffic. As stated in Bearden v. Estate of Chisholm, 3 Wn. App. 454, 456, 476 P.2d 127 (1970), where a pedestrian was struck apparently on the left side of the traveled portion of the highway by a vehicle in the wrong lane, and the court said: Testimony from several of plaintiff's witnesses suggests that the defendant was driving his automobile at least partially on the left side of the center of Trafton Street. If found to be so by the jury, this would establish prima facie negligence, since it is a violation of RCW 46.61.100, none of the exceptions to that statute being here applicable.
Evidence favorable to the plaintiff, together with all inferences therefrom, must be construed most favorably to the plaintiff, and the challenge can be granted only if the court can, as a matter of law, say that no substantial evidence exists to support the plaintiff's claim. Bearden v. Estate of Chisholm, 3 Wn. App. 454, 476 P.2d 127 (1970). Viewing the evidence in accordance with the above principles the record discloses that Marvin Greenwalt was driving his parents' wheat truck north on U.S. Highway 395 at a speed of approximately 40 miles per hour, intending to turn left onto the Lind-Kahlotus crossroad. At the place in question Highway 395 consisted of two lanes running north and south, and the maximum posted speed was 60 miles per hour. At a point approximately 900 feet south of the Lind-Kahlotus intersection Marvin turned on his left-turn signal and began slowing down. At that time there was a van-type truck following him at a distance of approximately 100 feet, which was reduced to approximately 50 feet by the time Marvin reached the intersection and started his turn.
In ruling upon these motions, the court is required to consider only the evidence favorable to the nonmovant together with the inferences therefrom, construed most favorably to the nonmovant. Hellriegel v. Tholl, 69 Wn.2d 97, 417 P.2d 362 (1966); Hall v. Puget Sound Bridge Dry Dock Co., 66 Wn.2d 442, 403 P.2d 41 (1965); Bearden v. Estate of Chisholm, 3 Wn. App. 454, 476 P.2d 127 (1970). The evidence, when considered from this viewpoint, establishes before Mrs. Carpenter's entry into Best's beauty salon she was, at the age of 54, in good health.