Bittick v. Brown

WOOD (Parker), J. Action for damages for personal injuries allegedly resulting from an automobile collision. In [48]a nonjury trial, judgment was for plaintiff for $1,500. Defendant appeals from the judgment.

Appellant contends that the evidence was insufficient to support the judgment.

Plaintiff was not present at the trial, but his case was presented by his deposition. Plaintiff, 18 years of age, testified that he was driving a Ford automobile south on Normandie Avenue in Los Angeles, about 9 p. m., when the weather was clear. As he drove toward the intersection of Normandie Avenue and West Adams Boulevard at the rate of approximately 25 miles an hour, and when he was about 200 feet from the intersection, the signal light at the intersection (for traffic on Normandie) changed from red to green. As he approached the intersection he slowed down to 20 miles an hour, he looked both ways before he went into the intersection—looked to his left and saw two ears that were stopped along the safety zone on Adams, and then he looked to his right and did not see any ears approaching from the right on Adams. Then, while the light was still green, he proceeded “through [into] ” the intersection and looked to his right and saw a ear coming toward him, which car was about 50 feet away and was traveling between 40 and 60 miles an hour. That car hit the right quarter panel of plaintiff’s car. Then plaintiff’s car spun around twice in a clockwise motion, went upon the sidewalk at the southeast corner of the intersection, crashed into the side of a building, and came to rest partly upon the sidewalk and partly inside the building.

Plaintiff also testified that after his car came to rest his head was sore and bleeding, and he had a lot of pain. He was taken to the General Hospital where his ear was sewed with 15 stitches. He stayed at the hospital three days, and thereafter he returned to the hospital four times for treatments. As a result of the accident he has an inch-long scar on his chin, an inch-long sear on his head, and a scar on his ear. Since the accident he has had headaches which have continued to the time his deposition was taken. •

Mr. Burns, called as a witness by defendant, testified that on the night of the accident he was selling papers at the northwest corner of said intersection. He did not see defendant’s car go into the intersection. When plaintiff was about “halfway down Normandie” the traffic light started to change, and when plaintiff approached the intersection the signal was red, he passed the red signal, and he proceeded on through and the collision occurred.