Osterode v. Almquist

MUSSELL, J. This is an appeal from a judgment entered in favor of plaintiffs after a trial by jury in an action for personal injuries and property damage arising out of an automobile collision.

On October 16, 1946, at about 6 o’clock in the evening, plaintiff Ralph F. Osterode was driving plaintiff Charles Dawson’s 1930 Ford coupé on South Main Street near its intersection with Dyer Road in the city of Santa Ana. South Main Street runs north and south and Dyer Road runs east and west and dead-ends in South Main Street from the east. South Main is a three-lane highway and is level at the point of collision, 50 or 60 feet north of Dyer Road. Mr. Osterode was driving north in the extreme east lane at a speed of approximately 30 miles per hour when he saw a pair of bright headlights in the center traffic lane facing south.

Plaintiff Osterode testified there were no lights in the northbound traffic lane; that he saw nothing in it and nothing in the center lane except the headlights; that he proceeded on past the lights and came into contact with some object in [17]the extreme east lane; that he put out his hand to hold the little boy (plaintiff Dale Osterode) in the seat beside him, applied the brakes and recalled nothing further about the accident until he found himself in a hospital. A physician testified that Mr. Osterode was badly injured, his face badly lacerated inside his mouth, inside his nose and his lips, requiring about 50 stitches. This witness further found a concussion of the brain, a fracture of both bones in plaintiff’s knee, a fracture of the eighth rib on the left side, a sprained ankle and a general bruising and contusion. Plaintiff’s leg was in a cast for two months.

Mr. Moore, one of the defendants, testified that a few moments before the accident he was driving a G.M.C. truck for defendant Almquist; that he was proceeding west on Dyer Eoad near the intersection when he observed a Chevrolet truck stalled in the center lane of Main Street, facing south; that he turned and drove the G.M.C. truck north past the stalled vehicle, pulled in behind it and backed his truck south in the center lane on Main Street intending to tow the stalled truck backwards to get it started; that when the backing operation was finished the two trucks were about 12 inches apart, end to end, and the right rear of the G.M.C. truck extended over the white line to the east into the northbound traffic lane approximately 18 inches and was in this position at the time of the accident; that the Ford did not hit the stalled truck; that at the time he parked on Dyer Eoad there were three flares on Main Street, one approximately 150 feet south of the stalled truck, one the same distance north of it and one in the east lane. Mr. Moore further testified that before the accident he had checked the lights on his truck and that the red taillight and clearance lights were burning and that the clearance lights were located on the right rear and left rear lower corners of the truck bed.