People Ex Rel. Department of Public Works v. J. P. Loubet Co.

California Court of Appeal Jan 14, 1957 No. Civ. 5502Published

Before: Mussell

AI Brief

AI-generated · verify before citing

Holding. The court held that it is the function of the trier of fact to weigh the inference of negligence arising from the doctrine of res ipsa loquitur against the disputable presumption of due care afforded to a deceased driver. Consequently, the jury's verdict for the defendant was supported by the evidence.

Issues

Whether the doctrine of res ipsa loquitur mandates a finding of negligence when it conflicts with the presumption of due care for a deceased driver.
Whether the jury's verdict for the defendant was supported by the evidence.
Whether the admission of testimony regarding the deceased driver's past experience constituted prejudicial error.

Disposition. affirmed

Quotations verified verbatim against the opinion

“it is for the trier of fact to determine under the circumstances of each ease whether to give greater weight to an inference than to a disputable presumption which conflicts therewith, or vice versa.”

“The record is silent as to what caused the truck to cross to the west side of the highway and strike the bridge, and we cannot hold that the verdict of the jury was unsupported by the evidence under the circumstances shown.”

MUSSELL, J.

This is an action brought by the State of California to recover damages for the destruction of one of its bridges, alleged to have been caused by defendant’s truck and trailer. The first trial of the action resulted in a verdict for plaintiff. A new trial was granted on all issues and a second trial resulted in a verdict for defendant. Plaintiff appeals from the judgment thereupon entered for defendant.

The bridge involved was located on United States Highway 99, about 18 miles south of Indio, in Riverside County. The concrete highway at that point runs generally north and south, is straight and level, and there is no obstructed visibility for a considerable distance north and south of the bridge.

Defendant’s truck and trailer, loaded with approximately 22 tons of baled hay, left an inspection station approximately 35 miles south of the bridge at about 11:30 p. m. on the night of January 20, 1950. The driver, Sidney Charles Thomas, and his helper, Cruz Gomez, were driving the truck and trailer in a northerly direction on Highway 99 when the truck gradually crossed the center line of the highway into the southbound traffic lane, ran into the oiled shoulder of the highway, collided with the southwest wing of the bridge and rolled off the bank into the stream bed. The trailer came to rest on its wheels and the truck was upside down. When the

[568]

California Highway Patrol officers arrived at the scene, approximately one hour after midnight, they found the bridge, its understructure, the truck, the trailer and the baled hay all burning. The fire burned for several hours and was finally put out by the Division of Forestry. The driver of the truck, Sidney Charles Thomas, and his helper, Cruz Gomez, were both dead when the officers arrived and there were no eye witnesses to the accident. The bridge was destroyed as a useable structure and this action was brought to recover the replacement cost thereof.

'' Appellant contends that the verdict is not supported by proper evidence; that the doctrine of res ipsa loquitur is applicable and that the negligence of defendant is therefore inferred. However, since the driver of the truck and his helper were both killed in the accident, defendant was entitled to the presumption of due care. In

People Ex Rel. Department of Public Works v. J. P. Loubet Co.

AI Brief

MUSSELL, J.

More from California Court of Appeal

Related research

I. M. Jameson Corp.

AI Brief