Cobarrubia v. Buchanan

EDMONDS, J. The surviving children of Fernando Rodriguez sued to recover damages for the wrongful death of their father. The appeal from the judgment entered upon a verdict in favor of the defendants principally concerns instructions which were given upon the issues of contributory negligence, imputed negligence, assumption of risk, and unavoidable accident.

The accident occurred while Rodriguez was riding in a truck owned and driven by Frank Hernandez. At the intersection of Kearney Boulevard and Grant Avenue, it collided with one driven by Roy Buchanan of which Robert F. Brown was the owner.

Kearney Boulevard is an east-west highway which is divided into two “lanes” by a row of trees. The highway to the [861]north, of the trees, referred to as the “truck lane,” is for the use of both eastbound and westbound traffic. It is a paved roadway approximately 10 or 11 feet wide with abutting shoulders from 3 to 6 feet in width.

South of the trees, the highway is for the use of vehicles other than trucks. It is of the same width with abutting shoulders, and is called the “boulevard lane.” Grant Avenue, a north-south roadway, intersects at right angles the two lanes and the row of trees, terminating at the southerly line of Kearney Boulevard.

There are no stop signs at the intersection. The thick growth of trees between the truck and boulevard lanes makes the intersection a “blind” one for vehicles moving north on Grant Avenue across the truck lane. Also, fig trees planted on the property adjacent to the northeast corner of the intersection create a “blind crossing” for vehicles traveling west along the truck lane.

According to the testimony of Buchanan, he was driving a pickup truck in an easterly direction along the boulevard lane at a speed of 20 to 25 miles per hour. When approximately 65 feet from the intersection, he decreased his speed and gave a signal for a left turn into Grant Avenue. The turn was made at a speed of 1 to 2 miles per hour. His truck was in low gear when he started to turn, and he increased the speed to 2 or 3 miles per hour as he moved across the truck lane. When approaching the paved portion of the truck lane, he looked to the left and the right.

Buchanan told the jury that he again looked to his right when the front of his vehicle was 2 or 3 feet on the pavement. This time he saw the truck driven by Hernandez. Although his first reaction was to cross in front of the oncoming vehicle, he applied his brakes when 5 or 6 feet onto the paved truck lane. Hernandez did not decrease the speed of 45 to 55 miles per hour at which his truck was moving, and it struck the right front wheel of Buchanan’s truck, which was then 5 or 6 feet north of the south pavement line of the truck lane, turning it almost completely around.