Carter v. Saxton

AGEE, J.

Plaintiff minor, a girl of 7 years, was struck by a pickup truck driven by defendant while she was riding a bicycle across a street in the residential district in which she lived.

She appeals from that portion of the judgment herein which awards her $5,500 as general damages, on the ground that the amount thereof is inadequate as a matter of law.

The action was tried without a jury and the trial court made detailed findings as to the injuries sustained by plaintiff. Her motion for a new trial, which was made upon the sole issue of damages, was denied.

The minor’s father, a coplaintiff herein, was awarded $1,000 for medical and hospital expenses incurred in the treatment

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of his daughter’s injuries. Any further reference herein to plaintiff is intended to mean the minor only.

Defendant appeals from the entire judgment, the only issue raised being whether, viewed in the light most favorable to plaintiff, there was substantial evidence to support the trial court’s findings as to the negligence of the'defendant and the absence of contributory negligence of the plaintiff.

The accident happened on September 15, 1959, about 5 p. m. Dubois Street runs north and south, and defendant was proceeding north. Plaintiff was crossing the street from east to west. The weather was clear and visibility was good. Plaintiff had wheeled her bicycle to the sidewalk edge, looked up and down the street, saw no moving traffic, got on her bicycle and started to cross. She had gotten more than half way across the street when the rear wheel of her bicycle was struck by the left front fender of the truck. Part of the truck was on the left half of the street. It was going approximately 25 miles per hour. Defendant did not become aware of the presence of the plaintiff or her bicycle until he heard the thud of the impact. The truck did not slow down at any time. Defendant was familiar with the general character of the neighborhood and knew that many children lived there. Defendant called a police officer as his witness. This officer testified on cross-examination as follows: “I believe he mentioned something about looking for a street number, yes. ’ ’ In our opinion, there was substantial evidence to support the trial court’s findings as to liability.