Baker v. Rodriguez

GRIFFIN, J.

Plaintiffs and respondents brought this action to recover for personal injuries and property damage resulting from an automobile accident which happened in the city of Fullerton about 6:45 in the evening of February 24, 1939, when a passenger car driven by the respondent Harold Baker, in which the other respondents were riding, was in collision with an automobile truck driven by the appellant Socorro Gonzales, which truck was owned by the other appellant, Rosendo Rodriguez, who was not present when the accident occurred.

Upon the trial of the action before a jury, a verdict and judgment were rendered against the appellants for $5,000 in favor of respondents Harold Baker and Alberta Baker, and for $50 in favor of respondent Marion Baker. Appellants appeal from the judgment and order denying the motion for new trial.

Respondents were riding northerly on South Spadra street in the second lane of traffic from the center, on their right-hand side of a six-lane highway. Appellant truck driver was traveling southerly in the first lane from the center of the street. He suddenly turned to his left into the pathway of respondents’ car to enter a filling station located near the corner of the intersection which respondents had just passed.

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The evidence is conflicting as to whether the driver of the truck gave a signal indicating his intention to turn. Glass was driven into the face and right eye of Alberta Baker. The eye-ball was “cut through”, the pupil was severed and part of it is now gone. Eighty per cent of the vision of the right eye was destroyed. She was 22 years of age at the time.

Appellants contend, as grounds for a reversal of the judgment, that (1) the evidence on negligence was so closely balanced that in the absence of prejudicial matter either plaintiff or defendant might have prevailed; (2) the inadmissible testimony of plaintiffs ’ witness Thoele indicating defendants had insurance coverage was so prejudicial the error could not have been cured by an order to strike it or an instruction to disregard it; (3) the circumstances under which this prejudicial matter was produced were such that the judgment is not saved by section 4% of article VI of the Constitution.

Appellants do not urge that the amount of damages awarded was excessive in proportion to the injuries sustained. In support of the first claim it is argued that the evidence clearly discloses the fact that the jurjr indicated a desire to exonerate appellant driver and still award damages to respondents by reason of the fact that there was certain confusion in reference to the return of certain verdicts by the jury, and that when this was considered in connection with certain statements made by one of the witnesses for respondents it was strong evidence of the fact that the jury was informed that the owner of the truck was insured. The confusion existing in the minds of the jurors in reference to the various forms of the verdicts submitted becomes quite apparent upon an examination of the record and clarifies and explains the conduct of the jury in reference thereto, and becomes of value in dispelling appellants’ contention.