Williams v. Gurwitz

WILSON, J.

Plaintiffs have appealed from a judgment entered on a verdict in favor of defendants in an action to recover damages alleged to have been suffered by plaintiffs in a collision of two automobiles at the intersection of Washington Boulevard and Redondo Boulevard in Los Angeles.

Plaintiff Ray Williams, accompanied by his wife, was driving in a westerly direction on Washington Boulevard. Obeying a traffic signal he stopped on the easterly side of Redondo. Upon the change of signals in favor of the traffic on Washington plaintiff Ray Williams extended his arm signalling for a left-hand turn, proceeded to the center of Redondo and commenced his turn. At that time he did not see any cars traveling in an easterly direction. Defendant Fred Gurwitz was driving in an easterly direction on Washington. His car collided with plaintiffs’ car at about the center of Redondo. Plaintiffs have not raised any question concerning the sufficiency of the evidence.

Plaintiffs assign as prejudicial error two questions asked on cross-examination of a police officer. The first reads: “In further corroboration of what Mr. Williams said or told you, both as to where the accident happened and as to whether or not he ever saw the other ear, you indicated right here on your police report that Mr. Williams violated the right of way of Mr. Gurwitz, did you not?” Plaintiffs objected and were sustained; thereupon counsel asked a second question reading as follows: “Based upon what Mr. Williains told you about the accident, did you come to a conclusion and

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put it on your police report—as to whether or not Mr. Williams, under his own statement to you, had violated Mr. Gurwitz’ right of way?” Plaintiffs’ attorney objected to the second question and assigned it as misconduct. The court did not rule upon the objection and the witness did not answer the question. Plaintiffs made a motion for mistrial on the grounds that the questions were improper, called for the statement of a conclusion of law and invaded the province of the jury. The court denied the motion, whereupon counsel asked the court to instruct the jury “that they are the sole judges of who did violate the right of way.” The court did not give such an instruction at that time but responded, “You can cover that in your instructions.”