Flynn v. Kumamoto

PULLEN, P. J.

This appeal arises from a judgment in favor of plaintiffs in the sum of $5,000 for personal injuries sustained by Reed Flynn, a minor.

The facts surrounding the accident, which are not disputed, show that appellant George Kumamoto was driving a sedan with the permission of the owner of the car and with the consent of his father and mother, who had, prior to the accident, signed a driver’s application for George Kumamoto, a minor.

The accident occurred on the night of October 20, 1935, at about 7 o’clock in the evening. At that time, Reed Flynn, a minor aged about 14 years, was riding a blue colored bicycle southwesterly along the Folsom road in Sacramento County. Upon that occasion he was accompanied by his brother

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Howard Flynn, also a minor, about 15 years of age. The boys were proceeding on their way homeward. Some time prior to the accident mechanical trouble developed in the bicycle ridden by respondent, and the two bicycles were tied together with a rope, one end attached to the seat of the bicycle ridden by Howard and the other end tied to the bicycle ridden by respondent, and were separated by a distance of approximately 5 feet. At times Howard would have to pull the bicycle of Reed and at other times Reed was able to propel it himself. Both bicycles were equipped with red reflectors, although neither had headlights.

The Folsom road where the accident occurred consisted of a concrete pavement 23 feet 3 inches in width, divided in the center by a white stripe with macadam shoulders upon each side of the concrete pavement. At the time of the accident the boys were riding their bicycles upon the macadam shoulder and on the proper side of the highway. Just prior to the accident appellant was driving a sedan in a southwesterly direction on the concrete portion of the highway behind respondent.

Just before the accident appellant observed a car with bright lights approaching at a distance of approximately 200 feet, traveling two or three feet south of the white line on the center portion of the concrete pavement. After the approaching car had passed and appellant’s vision was restored to normal he observed the leading bicycle about ten or fifteen feet in front of him, and almost immediately thereafter he struck respondent,' who was thrown from his bicycle to the highway. As a result of the accident respondent received certain injuries, for which he was awarded the sum of $5,000 general damages, and the further sum of $160 special damages were awarded to the father for medical care and attention.