Martens v. Redi-Spuds, Inc.

[11]

DORAN, J.

This is an appeal from the judgment on a verdict in favor of plaintiff.

The action was for damages resulting from an automobile collision.

The accident occurred on a clear day about 9:30 a. m. As recited in appellants’ brief, “Miss Martens was driving in an easterly direction on Wilshire Boulevard. She intended to make a left turn to proceed in a northeasterly direction onto Brighton Way.

“A witness, Mr. Gerwein, was driving his automobile in a westerly direction on Wilshire Boulevard in the lane next to the center line of the street. Driving about forty to fifty feet behind Mr. Gerwein was a vehicle operated by Mr. Lyner. Mr. Joyner was operating a ton and a half panel delivery truck and was delivering Redi-Spuds to various restaurants. He had followed Mr. Gerwein at this distance of forty to fifty feet over a course of three or four blocks and at a speed of about twenty-five or thirty miles an hour.

“The intersection was controlled by traffic signals which were green or ‘go’ for Wilshire Boulevard as these respective vehicles entered the intersection.

“When he was between twenty-five to thirty feet from Miss Martens’ automobile Mr. Gerwein saw it start to make its left turn. Mr. Gerwein, who states he had slowed down to about ten miles an hour on entering the intersection, brought his vehicle to a stop. About that time the Buick operated by Miss Martens crossed in front of him; his vehicle was struck on the right rear fender by the panel truck operated by Mr. Joyner, and the truck went on the right side of Mr. Gerwein’s vehicle and collided with the Buick.”

Respondent points out that the record also reveals that “The witness, Mr. Gerwein, testified that he did not particularly watch the Buick automobile driven by the respondent, Miss Martens, as it approached the intersection; that he' did not see the hand signal from the Buick; that he had seen the Buick some distance back and before he came to the intersection, and that upon arriving at the intersection he slowed down to 10 miles per hour before entering the intersection; that he noticed the Buick was going to make a turn and had given a signal to turn or some indication thereof and therefore he stopped; that he stopped because he knew the Buick was going to turn. Mr. Gerwein further testified that he came to a gradual stop and that