Reich v. Long

WILSON, J.

From a judgment in favor of defendant, after trial by a jury in an action for personal injuries, plaintiffs appeal. The appeal is taken upon a settled statement.

The action arose out of a collision between the automobiles of the parties on the highway. From the settled statement it appears that defendant James Long testified that at the time of the collision he was operating his automobile in a northerly direction on Highway 101; shortly before the accident he was proceeding at approximately 30 to 35 miles an hour in the lane next to the center line on the right side of the highway when he slowed down to make a left turn into Hazel Drive; prior to making the turn he made the proper arm signal, stopped his vehicle at the intersection of Hazel Drive and Highway 101, looked to the front and to his left and saw no vehicles or obstacles to the safe completion of his left hand turn; after he had completed his turn, had crossed the white center line and was facing west in the intersection of Hazel Drive and Highway 101, he noticed a vehicle coming up over the crest of a hill approximately 85 yards from the intersection at a speed of about 60 miles an hour; he proceeded across the intersection and when the front end of his vehicle was four or five feet into Hazel Drive his automobile was hit in the middle of the right side, pushed sideways several feet and turned over.

[659]

Plaintiff Bernard Reich testified that he was driving south on Route 101; that he was traveling between 40 and 45 miles an hour in the lane nearest the center line when he saw a sedan proceeding towards him in the same lane of traffic at a speed of about 35 miles an hour; that the car approaching proceeded in that way for about 200 feet when the driver made a left turn short, however, of the intersection; that the car never reached the intersection for a proper left turn and immediately after the impact leaned against a lamp post about 10 feet short of the intersection; the collision occurred in a 55-mile zone; he received injuries to his chest and knees but did not consult a doctor. The evidence indicated that heavy skid marks were laid down by the vehicle driven by Reich for approximately 98 feet, the marks swerving to the right at the time his vehicle hit that of defendant Long. An expert on brakes, skid marks and traffic distances testified that the length of the skid marks indicated the driver must have noted the possible danger of collision at least 146 feet from the point of impact.