Winston v. Penney

DORAN, J. The plaintiffs have appealed from a judgment in defendants’ favor after a verdict denying recovery in a personal injury action arising out of an automobile collision which occurred on February 26, 1950, on Alameda Boulevard south of Compton.

The accident occurred after plaintiff L. B. Winston had attempted to make a U-turn at a place other than an intersection, but had not completed the turn. “His (Winston’s) front wheel struck against the east curb. The motor stalled. . . . His starter was working satisfactorily but he never tried to move his car by means of the starter so that it would be parallel to the curb and within 18 inches thereof,” as required by the Motor Vehicle Act. (Veh. Code, § 588(a).)

It may be noted that there is a street intersection “approximately one mile from the scene of the accident and north of it,” and that another intersection is located “about one-quarter if a mile south.” Mr. Winston “stated in his deposition that he started his turn from the lane next to the center line. ... At the time of trial he stated that he started his turn from the extreme west lane. ...” Shortly before reaching the scene of the accident, Winston “slowed down, looked for traffic from either direction, and seeing no traffic he made a signal with his left hand, turned on his blinker lights” and attempted to make the U-turn by cutting the steering wheel to the left as far as it would go, but because of the curb was unable to complete the maneuver. He testified that “he was stopped for one or two minutes.”

D. A. Morelli, an instructor in physics, testified to making certain tests in respect to turning radius at the point in question, and that “if plaintiff’s turn were made from the lane next to the center that it would be impossible for plaintiff to get much further around in the turn than about an 80 degree angle between the right side of plaintiff’s vehicle and the east curb. If the turn were made from the westernmost lane of traffic with the wheel cramped to the left the turn could be made with three feet to spare.”

There is a conflict of evidence concerning the angle at which the Winston car came to a rest. Plaintiff testified that the rear of the car was “2 or 3 feet from the curb”; other witnesses placed the distance at “from five to eight feet.” Defendant estimated that the Winston car “was headed at around a sixty degree angle to the curb,” and extended “about 2 to 4 feet into the lane.” Another ear had drawn [164]up behind the Winston ear and stopped, according to plaintiff’s testimony, “eight or ten car lengths back of him.” The defendant Penney testified that this so-called “X” car was “two or thrée car lengths back of the Winston car.”