Chapman v. Mason

[686]

BARTLETT, J. pro tem.

This is an action brought by respondent for personal injuries resulting from a collision between a motorcycle operated by her husband, Wayne Chapman, and a truck owned by appellant, Floyd Mason, which was then being driven by defendant Julie Robarge with the owner’s consent. The case was tried without a jury and at its conclusion the court found “That it is true that at the time and place of said accident, said defendant, Julie Robarge, drove and operated said truck in a careless and negligent manner without giving the signal of her intention to make a left turn as required by law, and by making a left turn in front of oncoming traffic at a time when other traffic, including the vehicle upon which the plaintiff was riding, was approaching from the opposite direction so close to said intersection as to constitute an immediate hazard, and it is further true that said accident, together with the resulting injuries sustained by plaintiff, were the proximate result of negligence and carelessness on the part of said defendant, Julie Robarge, and the manner in which she operated said truck at the time and place of said accident. ’ ’ The court further found ‘ ‘ That it is not true that plaintiff or her husband, the driver of the motorcycle upon which she was riding at the time of the accident, were guilty of negligence, and it is not true that any negligence on the part of plaintiff or her said husband caused or in any manner contributed to the happening of the aforesaid accident.”

Judgment rendered was in favor of respondent and against the defendant Julie Robarge for $6,475 and against the appellant, Floyd Mason, for $5,000. The single ground urged by appellant for reversal of this judgment is that respondent’s husband, Wayne Chapman, was guilty of contributory negligence as a matter of law.

Respondent was riding on a motorcycle operated by Wayne Chapman; it was traveling west in the lane nearest the curb oh Florence Boulevard near its intersection with Avalon Boulevard in the city of Los Angeles. As it approached the intersection the front wheel on the motorcycle was about even with the right rear wheel of an automobile which was traveling to its left. The view of Wayne Chapman of traffic coming from the left was thereby obstructed. As he entered the intersection he reduced his speed from 20 miles per hour to from 10 to 15 miles per hour. The traffic signals were set green for east-and-west traffic before and as he entered the intersection.