Aivazi v. Marcano

[793]

WOOD, P. J.

Action for damages allegedly caused when an automobile, operated by defendant, collided with the rear end of an automobile in which plaintiffs were passengers. Pursuant to the verdict of the jury, judgment was in favor of defendant. Plaintiffs appeal from the judgment.

Appellants contend that the verdict was against the evidence ; and that, as a matter of law, defendant was negligent.

On Sunday, December 9, 1956, about 5 :15 p.m., the plaintiffs were riding in the rear seat of a Pontiac automobile which was traveling southeasterly on San Fernando Road (going from the city of San Fernando toward Los Angeles), and was approaching Van Nuys Boulevard. Defendant, who was driving an Oldsmobile automobile, had been following the Pontiac automobile for a distance of approximately a mile (after both automobiles had left the city of San Fernando). There were two lanes for traffic in the direction the two automobiles were traveling; and there were two lanes for traffic in the opposite direction. The two automobiles were in the second lane (outside lane) to the right of the center line. There were many automobiles in the lane (inside lane) to the left of the two automobiles, and there were many automobiles in front of the Pontiac. As defendant approached the intersection of Van Nuys Boulevard and San Fernando Road, his automobile and the automobiles to his left and in front of him were traveling 10 or 12 miles an hour. As he approached that intersection he saw the light of the traffic signal at the intersection change from yellow to red. At that time all the automobiles (four or five) in front of him were slowing down “little by little” before stopping, and the automobiles “were very close” to one another. When the Pontiac was going about 5 miles an hour, and was about 2 feet behind the next preceding automobile, the Pontiac stopped suddenly. Then defendant applied his brakes, but, according to his testimony, he “was too close” and his automobile ran into the Pontiac “a little bit”—“just touched it in the back, that is all. ’ ’ Defendant testified further that the collision did no damage to his automobile; he looked at the Pontiac to see if it had been damaged, and he did not find any damage at all; he asked the plaintiffs and the man who was driving the Pontiac if they were hurt; they replied, “No”; after the accident the plaintiffs were smoking cigarettes and laughing; both automobiles were driven away under their own power. Defendant testified further that at the time of the accident his two children (one 2 years old, and the other 3 years old), and a woman and another child (17 months old),