Avalos v. Grimale

TYLER, P. J.

—This is an appeal by defendant from a judgment for plaintiff in the sum of $5,000 for personal injuries and property damage caused by the collision of two automobiles. From the judgment on the verdict defendant has taken this appeal, contending that plaintiff was guilty of contributory negligence as a matter of law.

There was evidence to show that the collision occurred at the intersection oE Sixteenth and Valencia Streets in the city and county of San Francisco, which intersection is an obstructed highway within the meaning of the California Vehicle Act. There were no arterial stop signs on any corner and no automatic traffic signals in operation at the time. The plaintiff was operating his Ford coach automobile in a general easterly direction along Sixteenth Street. Proceeding at a speed of about twenty miles an hour throughout most of the block between Guerrero and Valencia Streets, he began to retard his speed when about fifty or seventy-five feet back from the corner of Valencia Street, so that the speed of his Ford ear was about eight to ten miles per hour at the west building line of Valencia Street. When the Ford entered the westerly boundary of the intersection its speed had slackened to four or five miles an hour. Upon entering the intersection, and at a point about four feet east of the westerly property line of Valencia Street, plaintiff made a traffic

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observation to the south along the latter street. He saw the defendant’s automobile at a distance of about one hundred fifty feet south of the south curb line of Sixteenth Street, traveling in a northerly direction at a speed of about forty miles per hour. After this observation, and somewhere between the west property line and the west curb line of Valencia Street, plaintiff shifted into second gear and thereafter traveled in the same gear up to the time the collision occurred. He entered the intersection and shortly thereafter made another observation to the south, whereupon he saw defendant’s automobile about seventy-five feet south of the south curb line of Sixteenth Street, its speed reduced to about twenty-eight to thirty miles an hour. Plaintiff thereupon, thinking the defendant was going to slow down, continued across the intersection at a speed of about eight or ten miles an hour, making observations for traffic in other directions. When the front of his Ford automobile was approximately ten feet away from the easterly curb of Valencia Street, he saw the jitney bus, operated by defendant, for the third time, going about forty miles per hour, and about two feet south of the south curb of Sixteenth Street. Plaintiff then turned sharply to the left to avoid the impending collision. The front part of the jitney came into collision with the right rear fender of the Ford, pushing the Ford northerly across the intersection for twenty feet, when it tipped over. Plaintiff’s left hand was crushed between the side of the Ford and the pavement. He suffered fractures and pronounced dislocation of the metacarpal bones, the destruction of the pal-mar fascia and the loss of the palmar arch, all causing deformity, shortening of the hand and permanent limitation of function. Plaintiff underwent two operations; was hospitalized for a total period of' five weeks and received medical attention for about seven months, during which time he was obliged to remain away from his work. The injury to his hand is permanent and will prevent him from doing any hard labor in the future.