Kechter v. City of Downey

ROTH, P. J.

Appellants appeal from a judgment on a jury verdict in favor of respondents and against all appellants.

These consolidated cases arose out of a two-car automobile accident occurring on April 15, 1963, at approximately 3:40 p.m. on South Downey Avenue in the City of Downey, California.

At the time of the accident there was a patch of fresh cement in the southbound curb lane, two feet by three feet in size. It was protected by three yellow barricades of the sawhorse type which had been placed there earlier that same day by respondents’ highway supervisor. The testimony of the precise location of the barricades was conflicting.

It appears probable that one or two were either over or near the patch and near to the east curb of Downey Avenue or somewhere in between that point and the patch. There were no traffic or any other kind of signs designed to or which did warn motorists of the condition of South Downey Avenue.

Donald Frischer, an expert traffic engineer, testified that in his opinion, the proper barricading method required the adoption of a tapering system based on the formula of the width of the traffic lane times the speed of vehicular traffic. The tapering of barricades should have commenced 420 feet north of the excavation area and a sign should have been provided 100 feet before the beginning of the taper to warn motorists of the channeling of one lane to another.

Prior to the accident the Kechter Chevrolet carrying plaintiffs and appellants in action No. 31415 had stopped on South Downey Avenue for a traffic signal, behind a station wagon,

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vehicles proceeded south, moving in the curb lane, the Kechter Chevrolet about two car lengths to the rear of the station wagon. When the station wagon came within the vicinity of the barricades, all of which were invisible to the driver of the Kechter car, it suddenly stopped, or almost stopped, and went around the barricades. The driver of the station wagon gave no signal, and his stop light was not working. When the driver of the station wagon made this sudden movement, the driver of the Kechter car applied her brakes, swerved to her left, for the first time noticed the barricades, apparently knocked down one or more of the barricades, crossed the inside lane to her left, passed over the double white line, and collided head-on with the Espriu car. Plaintiffs and appellants in action No. 31418 were in the Espriu car. The identity of the driver of the station wagon is not known. He is not a party to either action and he was not a witness. Injuries resulted to all of the occupants of both cars.