Chastain v. Rook

VALLÉE, J.

Appeal by defendant Rook from an adverse judgment entered on verdicts of a jury in actions for damages for personal injuries.

Rook commenced an action in the municipal court against Ellen Louise Chastain for damages for personal injuries and to property. Ellen Louise filed a cross-complaint in that action for damages in a sum in excess of the jurisdiction of the municipal court. That action was then transferred to the superior court. Donna Ellen Chastain, a minor, then filed an action against Rook in the superior court for damages for personal injuries. The two actions were consolidated for trial. Later, Donna caused one Reynolds to be served. Reynolds filed a cross-complaint against Rook and Ellen Louise. The jury’s verdicts were for Donna, Ellen Louise, and Reynolds against Rook. One judgment was entered in the two actions. Rook appeals.

The grounds for reversal are that the evidence is insufficient to support the verdict and that the damages awarded Ellen Louise are excessive. Neither ground is sustainable.

The action arose out of an intersection collision between an ambulance driven by Rook, an automobile driven by Ellen Louise, and a small delivery truck driven by Reynolds. The

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accident occurred in the intersection of Eastern Avenue and Olympic Boulevard in Los Angeles. Eastern runs north and

south;

Olympic, east and west. Traffic at the intersection was controlled by red and green signal lights.

Rook operated a private ambulance service. He maintained an office on Olympic Boulevard three blocks east of Eastern. About 2:30 p. m. on February 5, 1951, he received a call for an ambulance and was told it was an emergency. He left in the ambulance, driving west on Olympic. The ambulance was equipped with a siren and with a red lamp on its front top. Atmospheric conditions were normal. Ellen Louise was driving a Plymouth south on Eastern; Donna was riding with her. Reynolds was driving a Chevrolet truck east on Olympic.

Westbound cars were stopped at the intersection of Eastern and Olympic because of a red signal light. Rook approached the intersection on or near the double center line of Olympic, at a speed between 40 and 50 miles an hour. He did not begin to sound his siren until he was about four or five automobile lengths east of the intersection.