Guberman v. Weiner

ROTH, J.,

pro tem.

This is an action brought by respondent to recover damages for injuries claimed to have been sustained by him, as a consequence of an automobile accident which occurred at 7th and Hill Streets, in the city of Los Angeles, on the 17th day of March, 1933. Plaintiff and respondent was struck by the automobile as he was moving from the curb to a safety zone in the street. The automobile involved was driven by one Weiner and belonged to his wife, although one Ulrey was the registered owner thereof at the time of the accident. Appellant Consolidated Hotels, Inc., was sued as Weiner’s employer, on the theory that at the time of the alleged accident Weiner was an employee of the Consolidated Hotels, Inc., acting within the scope of his employment. Trial was had before a jury and this appeal is from the judgment rendered in plaintiff’s favor as against the Consolidated Hotels, Inc., and Weiner for the sum of $5,000. There was also a verdict in favor of plaintiff and against Ulrey, the registered owner of the automobile involved in the accident, for the sum of $100. This appeal is solely by Consolidated Hotels, Inc., hereinafter called appellant. The effect of the discrepancy in the verdicts against Weiner and Ulrey is of no moment, unless such discrepancy vitiates the verdict and the judgment entered thereon against appellant.

It appears to be conceded by appellant that Weiner was negligent, and that the injuries sustained by plaintiff and respondent were a direct consequence of the accident caused by such negligence. Perfunctory argument is made that respondent was guilty of contributory negligence as a matter of law, and that the court erred in refusing certain instructions. It is sufficient to say that the instructions as given by the court were substantially correct and fully protected

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appellant on all material matters upon which instructions were requested.

As to the contributory negligence of the plaintiff, the written statement of Weiner, of which more will be said hereafter, demonstrates that respondent was not guilty of negligence as a matter of law, and that the admissions made by Weiner in connection with other evidence fully justified the jury in its finding of negligence against Weiner, and in concluding that there was no contributory negligence on the part of respondent.