Laine v. Weddell

GRIFFIN, J.—Plaintiff and respondent Gus Laine, hereinafter referred to as plaintiff, filed this action for damages against defendant and appellant Bering Monroe (hereinafter referred to as defendant) and against his employers, defendants W. H. Weddell, et al.

Defendant Monroe was driving a Lincoln coupe westerly from San Bernardino toward Los Angeles approximately 12 miles east of Ontario along Valley Boulevard on the north shoulder thereof. That boulevard runs east and west and is [611]a through highway as defined by, sections 82.5 and 471 of the Vehicle Code. The paved portion thereof is divided into three traffic lanes, each 10 feet in width. There is a macadam shoulder approximately 6 to 9 feet wide on each outer edge of the pavement. Laine was driving his Chevrolet in the same direction but several hundred feet ahead of the Monroe ear. Plaintiff, according to his testimony, was traveling at about 25 or 30 miles per hour in the first lane of traffic as he approached the intersection of Valley Boulevard and Calabash Avenue. When he was about 200 yards from the intersection he saw two boys standing on the south side of the highway. He reduced his speed to approximately 10 miles per hour and the boys crossed the boulevard in front of him. While traveling at about 10 miles per hour he entered the intersection above mentioned and he then noticed a lady walking westerly on the north shoulder of the boulevard crossing Calabash Avenue about 6 feet north of the pavement. After he passed the lady he stopped or was stopping to see if she wanted a ride. His car was straddling the white line between the shoulder and the north lane of the highway. About that time defendant’s car struck his Chevrolet from the rear.

Defendant, according to his evidence, first noticed plaintiff when he (Monroe) was about 250 feet east of the intersection and about 150 feet behind Laine’s car. Laine’s car was then traveling with its left wheels on the white line dividing the north and center lanes. At that point Monroe was traveling between 35 and 38 miles per hour and Laine was going about 18 miles per hour. Monroe started to “angle out” towards the center lane to pass the Laine car. When he was about 50 feet from Laine’s car plaintiff Laine, without giving any signal or warning, came to an abrupt stop. Defendant immediately applied his brakes and attempted to swerve his car still farther to his left but was unable to avoid a collision. The right front portion of his car struck the left rear portion of plaintiff’s car when plaintiff’s car was in the intersection. The impact broke the brake-line on defendant’s car and it continued on for a distance of about 100 feet. Monroe sustained personal injuries which incapacitated him for a considerable period of time and his automobile was damaged.