Chaparkas v. Webb

KINCAID, J. pro tem.

*

This case concerns an automobile accident occurring November 22, 1956. The plaintiff, Peter

[259]

Chaparkas, was driving his 1949 Hudson automobile and his wife and coplaintiff, ’ Josephine, was riding with him. Count I of the complaint sought damages for Peter for injuries to his person, hospital and medical expenses, loss of earnings and destruction and loss of use of his automobile. Count II concerned Josephine and sought general and special damages arising out of injury to her person. Defendants denied negligence and asserted the defense of contributory negligence as to plaintiffs.

The trial was had before a jury resulting in the following verdict: “We, the jury in the above entitled action, find for the plaintiff, Peter Chaparkas, and assess his damages in the sum of $ None, and for the plaintiff, Josephine Chaparkas, and assess her damages in the sum of $4500.00.

“As to each said plaintiff, our findings and award of damages are against the defendants Eonald P. Webb, Guy S. Webb and Mildred Webb.”

The appeal before us is by Peter only. Defendants concede that the verdict and judgment in favor of Josephine establishes a finding of absence of contributory negligence on the part of Peter.

The effect of the verdict as returned is that the accident, and resulting damages, if any, were caused solely by the negligence of defendants and without fault on the part of plaintiffs. As to Peter the jury, as trier of the facts, found that he had sustained no injuries or damages proximately caused by or resulting from the negligent acts of defendants in the accident in question.

(Morand

v.

Seaside Memorial Hospital,

121 Cal.App.2d 745, 748 [264 P.2d 96].)

Peter contends the verdict and resulting judgment are contrary to the evidence so as to require a finding of damages in his favor. Defendants assert this plaintiff failed to show with reasonable certainty any injuries or damages; that the evidence as to these matters is so vague and uncertain as to entitle the jury to disregard or disbelieve it.