Henderson v. Balcom

BRAY, J.

The sole question presented upon this appeal by defendant Balcom alone, from an order granting new trial as to all defendants after a jury verdict in favor of all defendants, is whether there was any substantial evidence that would have supported a verdict in favor of plaintiff against defendant Balcom.

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Evidence

The accident, for injuries incurred in which plaintiff brought this action, occurred February 1, 1952, at about 8 p.m. on El Camino highway. The street was wet, but at the time of the accident it was either raining very lightly or not at all. The general area was fairly well lighted by neon lights from stores along the street. All cars had their headlights on. Defendant Balcom was driving southerly on the highway, according to his testimony. Desiring to look at a display in a boat shop, he drove westerly off the highway

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and parked in front of the shop. Shortly thereafter he drove south on the parking area approximately 200 feet, turned his car east towards the highway, and stopped. He intended to enter upon the highway and travel hack in a northerly direction. At this point directly opposite him, Curtner Street entered the east side of El Camino but did not cross. There were no traffic lights. Balcom observed that the nearest approaching traffic on the highway was about 1,000 feet. He was unable to form an opinion as to the speed of any of the cars. He crossed the two southbound lanes and proceeded north in the lane closest to the center line. As he entered the highway he was probably talking to the passenger on his right. His speed was 15-25 miles per hour. As he made the left turn he observed the traffic again and the nearest approaching ears were 600-900 feet away.

Plaintiff’s testimony was that, driving southerly on the inside lane of the highway at about 25 miles per hour, he noticed two cars, both of which were approaching him on the northerly inside lane. Balcom’s car was about 300 feet from him and about three car lengths ahead of the car driven by defendant Mathews.

Mathews testified that driving northerly 30-35 miles per hour he saw Balcom’s car starting to cross the southbound lanes. He was then about 150 feet south of Balcom. Mathews honked his horn thinking Balcom would stop as Mathews was so close to him; but Balcom continued across. When Balcom entered the inside lane going north he was 30-50 feet in front of Mathews. Mathews did not slow down but swerved to the outside northerly lane to avoid hitting Balcom. In this lane there was a car just ahead of him. To avoid hitting it Mathews applied his brakes. He was then either abreast or a little ahead of Balcom’s car. The application of his brakes, which apparently caused one of them to “grab,” caused Mathews’ car to skid in a northerly direction across the highway, into the inside southbound lane where it collided with plaintiff’s car. Plaintiff sued both Balcom and Mathews and a Mrs. Taylor (who signed Mathews’ application for a ' driver’s license).