Harrison v. Gamatero

SHINN, J.

Plaintiff Myrna Jean Harrison, a child aged seven and one-half years, recovered a judgment for personal injuries sustained in an automobile accident and her father, Benjamin Harrison, recovered a judgment for expenses of medical care, after verdict by a jury, against defendants Gamatero, King, and Schartenberg, who appeal from the judgment.

Defendant Geraldine Schartenberg took Myrna Jean Harrison (herein referred to as plaintiff) into her automobile one afternoon, drove westerly on Sunset Boulevard to Doheny Drive (between Hollywood and Beverly Hills), turned to the right into Doheny and double-parked her ear on the east half of Doheny north of the north crosswalk on Sunset and sent plaintiff across the street to the northwest corner of the

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intersection to mail a letter for her, while she remained in her car. Plaintiff walked south to the crosswalk, crossed Doheny Drive to the northwest corner with the traffic signal, which was open for east and west traffic, mailed the letter, and during her attempted return to the Schartenberg car and while crossing Doheny Drive at a point ten feet or more north of the crosswalk, and while still in the westerly half of Doheny Drive, was struck by an automobile being driven in a southerly direction on Doheny by defendant Gamatero, who was employed by, and at the time of the accident was in the service of, defendant King.

None of the witnesses testified to having seen plaintiff leave the curb to recross the street. Defendant Gamatero made conflicting statements as to whether he saw her before his car struck her; plaintiff was unable to recall what occurred after she left the mail box and before the accident happened, and none of the witnesses testified to what her actions were during that interval.

All of the defendants pleaded contributory negligence of plaintiff as a defense to the action, but this defense is not relied upon by any of them upon their several appeals.

We shall first discuss the evidence which is relied upon to show negligence in the conduct of defendant Schartenberg. There was testimony to the effect that her car was parked several car lengths north of the crosswalk on Sunset and about one and one-half feet from the left side of ears parked at the easterly curb. As she sat in her car Miss Schartenberg looked back to the south and watched plaintiff walk down to and across the street in the crosswalk and proceed to two mail boxes, one for letters and the other for packages, that were on Doheny slightly north of the corner. There was at least one automobile parked on the west side of Doheny a short distance north of the mail boxes. Miss Schartenberg lost sight of plaintiff as she reached the mail boxes, at which time she observed Gamatero’s car about one and one-half car lengths in front of her own and she did not thereafter see plaintiff before the latter was struck and knocked down.