Sundberg v. Ringel

PRESTON (H. L.), J.,

pro

tem.

This is an appeal by the defendant Isidor Ringel from a judgment entered against him upon a verdict of a jury in the sum of ten thousand, dollars.

Plaintiff Ernest E. Sundberg brought this action to recover damages for personal injuries suffered by him in an

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automobile collision. On February 6, 1926, plaintiff was driving and operating a Ford truck on the westerly side of The Embarcadero, near its intersection with Sansome Street, in the city and county of San Francisco, when his truck was struck by an “automobile jitney bus” driven by defendant Isidor Ringel, throwing plaintiff from his truck and rupturing the ligaments in his back and inflicting other injuries to his back and body.

The only defendant in the original complaint was Isidor Ringel, but an amended complaint was filed in which “The California Highway Indemnity Exchange” was also joined as a defendant, by reason of a policy of insurance issued by it to its co-defendant Isidor Ringel, under the terms of an ordinance of the city and county of San Francisco. Both defendants interposed general and special demurrers to the amended complaint, setting up, among other grounds, the misjoinder of parties and actions. Both demurrers were overruled and defendants in due time filed separate answers, denying negligence on the part of defendant Isidor Ringel, and denying other allegations of the complaint, and for a further, separate and distinct answer, defendants alleged that plaintiff's injuries, if any, were the proximate result of his own negligence and carelessness. The case was tried before the court sitting with a jury, and at the conclusion of plaintiff’s case a nonsuit was granted to “The California Highway Indemnity Exchange” and the case was continued as to defendant Isidor Ringel, resulting in a verdict for plaintiff in the sum of ten thousand dollars. No question is raised regarding the sufficiency of the evidence to support the verdict and judgment.

Appellant first contends, “The court erred in overruling the respective demurrers of the defendant Exchange and defendant Isidor Ringel, upon the question of misjoinder of actions and parties defendant, for the reason that by so doing the fact that the defendant Isidor Ringel carried a policy of insurance was repeatedly and improperly called to the attention of the jury, to the prejudice of the substantial rights of appellant.” There is no merit in this contention. This precise point was urged in the case of