Morales v. Thompson

KAUFMAN, P. J.

This is an appeal from a judgment rendered on a jury verdict in favor of the defendant, in an action brought by Virginia Morales, a minor, through her guardian

ad litem,

her mother Maria Morales, for personal injuries sustained when Virginia came in contact with an automobile driven by the defendant. Maria Morales joined in the suit, her cause of action being for the medical and hospital expenses incurred in the treatment of her daughter’s injuries.

[406]

On appeal, it is argued that the evidence does not support the verdict, and that the trial court erred in rejecting certain evidence and erred in its instructions to the jury.

The facts as revealed by the record are as follows: The accident occurred on February 5, 1957, about 6:30 p.m. at the northeast corner of the intersection of West Market and Vale Streets in the City of Salinas. Vale Street runs north and south and is 51 feet wide. West Market Street runs east and west and is 72 feet and 7 inches wide with two lanes for eastbound traffic and two lanes for west-bound traffic, separated by a double line. There is a cross-walk 12 feet 7 inches wide from the northeast corner of Vale and West Market to the south curb of West Market. The Morales’ home is located on the south side of West Market opposite the intersection of West Market and Vale Streets and somewhat southwest of the crosswalk.

At the time of the accident it was dark. There were two street lights, one at the southeast corner of the intersection and one about 50 feet from the northwest corner of the intersection. There is a stop sign on Vale Street at the northwest corner.

Plaintiff’s mother, Maria Morales, testified that on the day of the accident, plaintiff Virginia Morales was one day short of being 4 years old. Plaintiff and her mother left their home and proceeded northward across West Market in the crosswalk. They were going to a grocery store across the street. Plaintiff was wearing a light green dress. Plaintiff held on to her mother’s hand until they got to the curb in front of the crosswalk where they stopped. Mrs. Morales “looked to the right and to the left, told her daughter to go ahead and let go of her hand to fix her bandanna. ’ ’ Plaintiff began to cross the street about 5 to 6 feet ahead of her mother. Plaintiff’s mother did not see the ear hit the child, as she was looking to the right for traffic. She testified, however, that her daughter was definitely in the crosswalk when she was hit. Three witnesses testified that Mrs. Morales did not arrive until a few moments after the accident occurred. There was also a showing that Mrs. Morales had made prior inconsistent statements to a police officer at the scene of the accident and at the time her deposition was taken. Neither the plaintiff nor her mother spoke or understood English, and some of the inconsistencies may have been due to language difficulties.