Patterson v. Rowe

MUSSELL, J.

Plaintiff commenced this action for personal injuries and property damage arising out of an automobile collision.. A jury returned a verdict in her favor in _the sum of $6-,000 and judgment was entered in accordance therewith. Plaintiff then moved for a new trial on the ground that the damages awarded were inadequate and the court

[121]

ordered a new trial on the sole issue of damages unless defendants should, within 10 days, file an offer to pay plaintiff the sum of $10,000. Defendants refused to comply with this order and the court then ordered a new trial on the issue of damages only, on the ground of the insufficiency of the evidence to sustain the verdict in that the damages awarded to plaintiff were grossly inadequate. Defendants appeal from both orders. No appeal is taken from the judgment and no motion for a new trial was filed by the defendants.

Facts

At about 12:30 p. m. on February 23, 1951, defendant Rowe was driving north on Highway 101 in Rose Canyon in the city of San Diego when his car skidded, crossed the center island of the highway and struck plaintiff’s car which was then being driven by her in a southerly direction in one of the southbound traffic lanes of the highway. In the area where the collision occurred the highway is approximately 55 feet wide, with four traffic lanes, two north and two south, separated by a center island about 4 feet wide, enclosed in concrete curbings about 6 inches high, with an asphalt filled center area. There is an upgrade, gradual or sweeping curve for northbound traffic and the speed limit is 55 miles per hour.

Rowe testified that it was raining; that he was traveling north in the left-hand traffic lane at a speed of approximately 50 miles per hour and approaching a curve in the highway when his car started to slide and the rear end swerved to the right; that “the car turned completely around, backwards, and hit the center island sideways, and there was a terrific jolt at that point, the impact with the curb, and from thereon I have no memory”; that the brakes and tires on his par were in excellent condition.

Plaintiff testified that she was driving the “outbound lane south,” when she first saw Rowe’s car, then about 600 feet distant; that it was raining and the pavement was wet; that his car was coming “quite fast”; that it started skidding backwards and struck plaintiff’s car; that she was driving quite slowly, due to the rain and wet pavement, when Rowe’s car started skidding and that at the time of the collision, she had brought her car to a complete stop.