Huskey v. Garcia

WOOD (Parker), J.

Action for damages for personal injuries allegedly sustained by plaintiff in a collision of three automobiles. In a nonjury trial judgment was for defendants. Plaintiff appeals from the judgment.

Appellant contends that the evidence was insufficient to support the judgment.

The collision occurred on March 28, 1951, about 11:30 a. m., at the intersection of Pacific Coast Highway and Gardena Avenue in Long Beach. Pacific Coast Highway extends east and west and has six traffic lanes—three lanes for

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eastbound traffic and three lanes for westbound traffic. Plaintiff was driving a Pontiac automobile in a westerly direction on Pacific Coast Highway, in the westbound lane next to the center line. Defendant Garcia was driving a Chevrolet truck in a westerly direction, in the same lane in which plaintiff was driving, and about 30 feet behind plaintiff’s automobile. Defendant Gill was driving a Chevrolet automobile in an easterly direction on Pacific Coast Highway in the eastbound lane next to the center line. Gill intended to make a left turn onto Gardena Avenue.

Plaintiff testified that during the last half block as he approached the intersection he was traveling from 20 to 25 miles an hour. When he was about 80 feet east of the intersection he saw Gill’s automobile which was about 80 feet west of the intersection. It slowed down and he (plaintiff) thought it might make a left turn in front of him. He gave a “slow-down” signal by putting his left arm out the window and down, and he slowed down. When the front of his (plaintiff’s) automobile was about halfway over the east side (entrance) of the intersection (the pedestrian crosswalk) Gill’s automobile swung in front of him and then stopped—the two front wheels of Gill’s automobile were north of the center line of Pacific. Then plaintiff, while traveling about 5 miles an hour, applied his brakes fairly hard and tried to stop, and then there was an impact. Everything happened so quickly that he did not know what happened. He does not know which collision was first—whether it was the collision between his car and the truck or between his car and Gill’s car. His brakes were good. Prior to the accident his automobile did not swerve and the tires did not slide. He did not see the truck until after the accident, when it was back of plaintiff’s automobile.