State Farm Mutual Automobile Insurance v. Salazar

BLACKSTOCK, P. J.

This is an appeal by State Farm Mutual Automobile Insurance Company, a corporation, from a judgment rendered against it in the Municipal Court of the Oxnard-Port Hueneme Judicial District, County of Ventura, State of California, which judgment is as follows:

[863]

“State Farm Mutual Automobile Insurance Company, a corporation, No. C 5341

Plaintiff (s)

vs.

Jose Salazar,

Defendant(s)

Before Hon. Clarence B. Pecht

This cause came on regularly for trial on_

Plaintiff appearing by attorneys Kuittinen, Hay

&

Allison.

Defendant appearing by attorney Francis Gherini. and a jury trial having been duly waived, the Court having heard the testimony and considered the evidence, and findings not having been requested

The Court ordered the following judgment:

It is Adjudged that

Action dismissed under principal of res judicata. Summary Judgment of Dismissal granted.”

It seems that on or about the 6th day of April, 1954, Henry Thrasher and Jose Salazar each was the owner of and was operating a motor vehicle at or near the intersection of Rice Road and State Highway 101. That the two automobiles then and there collided. And as is more or less usual in such cases each claimed that the collision was the fault of the other. Thrasher claimed that as a result of the collision his automobile was damaged in the sum of $742.47.

Apparently the said State Farm Mutual Automobile Insurance Company, a corporation, on the 6th day of April, 1954, and prior thereto, had duly issued to Henry Thrasher a policy of accident insurance insuring said Henry Thrasher against loss or damage to his automobile in excess of $50. Pursuant to said policy plaintiff paid to said Henry Thrasher the sum of $692.47, that being the amount of damages in excess of $50 sustained by said Thrasher’s automobile in the accident hereinabove referred to, and said Henry Thrasher did thereafter subrogate said plaintiff to all his rights, claims and interest which he had against any party or parties for said loss or damage.