Shivers v. Van Loben Sels

VALLEE, J.

Appeal by plaintiffs from a judgment entered on a verdict for defendants in an action for damages (1) for personal injuries sustained by Yvonne Shivers, a minor, and (2) for the wrongful deaths of Roberta Shivers, Appolis Lindsay and Odee Lindsay, children of plaintiffs Norman E. Shivers and Jairlean Lindsay, respectively, as a result of a collision between a truck and trailer driven by defendant White and a Pontiac driven by Roseoe J. Shivers. Yvonne Shivers and the three decedents were guests in the Pontiac. Plaintiffs moved for a new trial, which was denied.

The driver of the Pontiac, Roseoe J. Shivers, was also killed in the accident and an action for damages for his wrongful death was also filed against defendants. It was consolidated for trial with appellants’ action, and likewise resulted in a verdict for defendants. No appeal was taken in that action.

The accident occurred on February 22, 1949, about 8:45 p. m., on Highway 138 where it is intersected by 132d Street East. The intersection lies approximately one fourth of a mile east of Pear Blossom, California, between Palmdale and Victorville. Highway 138 runs approximately in an easterly-westerly direction, is 22 feet wide, and is a through highway. (Veh. Code, § 82.5.) 132d Street East runs in a northerly-southerly direction, starts to fork to the north about 180 feet south of, and ends at, Highway 138. The easterly fork continues in a straight course and intersects 138 at right angles. The westerly fork curves northwesterly for about 240 feet until it intersects 138 at a point approximately 140 feet west of the eastern fork. The two forks and 138 form a triangle. A boulevard stop sign is located on each of the forks of 132d Street East, just south of where they intersect 138.

Appellants’ principal contention is with respect to the sufficiency of the evidence to support the implied finding of the jury that defendant White was not guilty of negligence proximately contributing to the happening of the accident and, in effect, they seek to have this court declare that under the evidence White was guilty of negligence as a matter of law.

[288]

Having in mind the familiar principles that a reviewing court will not weigh the evidence and that questions of negligence and proximate cause are ordinarily questions of fact, the determination of which will not be disturbed if there is any substantial evidence to support the verdict, we state the facts in the light most favorable to the prevailing parties.