Kazanjian v. Pacific Greyhound Lines

DRAPEAU, J. This appeal is prosecuted by plaintiff from a judgment entered on the verdict of the jury in favor of defendant, and is presented upon the judgment roll and a settled statement on appeal.

From, such statement it appears that appellant was a passenger on a bus owned and operated by respondent, and as the bus was leaving the Cahuenga station at 4:30 a. m. of September 6, 1946, it collided with a rubbish truck. At the time of the impact, appellant was resting her head on her arms on the back of the seat in front of her and was suddenly awakened from a half sleep by being thrown about and striking her back against the protruding right arm rest of her seat. She did not see how the accident occurred, but noticed a truck in the alleyway in front of the bus. She felt a sharp pain in her back at the time of the accident, but thought it was not serious. After leaving the bus at the terminal in Los Angeles, appellant’s back was hurting to such an extent that she took a taxi to her place of business, where she also resided, and thereafter was disabled for several months during which time she was under medical care and for 10 days was in a hospital. Because of her disability she was unable to operate her cleaning and pressing business which she disposed of in January, 1947.

At the trial, appellant’s doctors testified that her disability was caused by the accident and that its prolonged and severe character was due to traumatic aggravation of preexisting arthritis and a ruptured intervertebral disc, such opinions being based upon examination and treatment of appellant and upon X-ray negatives.

Respondent’s doctor, basing his opinion entirely upon a study of the X-ray negatives introduced in evidence, testified that the condition of the intervertebral spaces was entirely anatomical and not the result of trauma, and that there was no evidence of injury or trauma.

The driver of the rubbish truck testified that after picking up rubbish, he pulled over to the left of the 20-foot alley, in which he was driving the truck at a speed of 8 or 10 miles an hour, so that he could make a right-hand turn into a 15-foot alley (which formed an L with the 20-foot alley, above referred to) for another rubbish pickup. After he started his right turn he saw respondent’s bus commencing a left turn out of the station into the 20-foot alley at a speed of 10 or 12 miles per hour. The witness reduced his speed and stopped and the bus continued until the witness sounded his horn, [212]