Navarro v. Somerfeld

DORAN, J. —

This is an appeal from a judgment entered on the verdict of the jury in favor of defendant, in an action to recover damages alleged to have been sustained by plaintiffs as the result of a collision of two automobiles which occurred on April 7, 1937, at West Silver Lake Drive in Los Angeles, a street which extends in a northerly and southerly direction.

The two plaintiffs, Edelmira Navarro and Carmen Navarro, her mother, were riding in a car which belonged to the plaintiff Gilbert Navarro, the brother of Edelmira. Carmen Navarro, the mother, had requested the daughter to take her to visit some friends, the mother being unable to drive. At the-time of the accident, plaintiffs were driving in a southerly direction on West Silver Lake Drive. The defendant, Dr. Esther Somerfeld (Ziskind), whose residence was on the west side of the street, was likewise driving her ear in a southerly direction, and, when she had reached a point opposite the driveway leading to her garage, made a right-hand turn for the purpose of entering the garage. The car in which plaintiffs were riding struck the right side of defendant’s ear.

Plaintiff Edelmira Navarro testified, in substance, that her mother “wanted to go visiting” (some friends of the mother) “and naturally I had to drive”; that she knew where she was going as she had been to the place before, and it was therefore unnecessary for the mother to direct her; that as she was traveling south on West Silver Lake Drive a car passed her about 150 feet from the point of collision; that when her car was about 20 or 25 feet in the rear, the other ear slowed down and made a right-hand turn into a driveway; that there were no ears coming north at the time; that when she

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saw the car making the right-hand turn she blew her horn to warn her and then “put my foot brake on as far as it would go, then reached for my emergency, because she wouldn’t stop”. Upon cross-examination, plaintiff stated that although she was 20 or 25 feet in the rear, she had made no attempt to swing out behind the other car as she was “quite close”, and that she had continued to drive straight south.

Defendant testified, in answer to the question upon cross-examination: “Did you pass another car in the block north of your house before you made your turn

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