Thomas v. Laguna

McCOMB, J.

From a judgment in favor of defendants after trial before a jury in an action to recover damages for injuries resulting from an automobile collision, plaintiffs appeal.

On January 15, 1950, plaintiffs were returning to Los Angeles from Perris, California on Firestone Boulevard in an automobile being driven by plaintiff Thomas. At the place where the accident occurred Firestone Boulevard consisted of three traffic lanes which, for the purposes of this opinion, will be designated as follows: the eastbound lane, No. 1; the center passing lane, No. 2; and the westbound lane, No. 3. The permissive speed limit was 55 miles per hour.

At about the same time defendant Louis Quesada Laguna was driving a truck belonging to his father, the codefendant, in an easterly direction on Firestone Boulevard at a speed of about 40 miles per hour in lane No. 1. He gradually overtook several automobiles traveling in the same direction and in order to pass them he blinked his lights as a signal to pass and turned into lane No. 2. He continued in lane No. 2 and was even with the second car traveling in the same direction which was in lane No. 1. As he approached the car driven by plaintiff Thomas, which at the time was in lane No. 3 and about 25 feet from the truck, plaintiffs’ car turned into lane No. 2 and collided with defendants’ truck. The entire left front of plaintiffs’ car was demolished but there was no damage to the left front fender or bumper of defendants’ truck.

As a result of the accident plaintiffs were seriously injured.

Questions:

First:

Was there substantial evidence to sustain the verdict of the jury?

Yes.

Defendant Louis Quesada Laguna gave direct testimony relative to each of the facts set forth above. This evidence having been believed by the jury is binding upon an appellate court, and clearly shows that defendants were free from negligence. We, of course, are bound to resolve all conflicts in the evidence in favor of defendants (respondents) and to draw all inferences from the evidence which will support the verdict of the jury.

(Estate of Bristol,

23 Cal.2d

[659]