Grisso v. Broude

VALLES, J. Appeal by plaintiff from an order granting defendant’s motion for a new trial after a jury verdict in her favor in an action for personal injuries sustained by her while riding as a guest in an automobile caused by a collision with an automobile driven by defendant. The motion was granted on two grounds: (1) insufficiency of the evidence to justify the verdict; and (2) error in law in an instruction as to the contributory negligence, if any, of plaintiff.

The order of the trial court will be reversed only when [636]it can be said as a matter of law there is no substantial evidence to support a contrary judgment. (Gibson v. Stuck, 125 Cal. App.2d 340, 342 [270 P.2d 17].)

The accident occurred at the intersection of Union Avenue and 12th Street in Los Angeles, on July 30, 1952, at approximately 6 p. m. The intersection was controlled by semaphore traffic signals installed at each of the four corners. The signals were set to allow a “Go” or “Stop” period of 27 seconds with a three-second period when all four signals were ‘ ‘ Stop ’ ’ to allow traffic to clear and the signal to change. The signals located at the northwest and southeast corners controlled north and southbound traffic on Union Avenue. Those at the northeast and southwest corners controlled east- and westbound traffic on 12th Street. At the time of the accident, 12th Street was a one-way, westbound traffic lane. Both streets were approximately 40 feet wide.

Plaintiff was a guest passenger in an Oldsmobile sedan owned and driven by Mabel Allen Smith. Just before the collision, plaintiff and Mrs. Smith were traveling north on the curb side of Union; defendant was driving west on the north side of 12th in a Buick.

The front of the Buick struck the right side of the Oldsmobile. The point of impact was 10 feet west of the east curb-line of Union Avenue and approximately 16 feet south of the north curb of 12th Street. The Oldsmobile was shoved in a northwesterly direction, striking a building, and "came to rest after traveling 67 feet from the point of impact. The Buick was thrown out of control, turning in a clockwise manner so as to come to rest facing northeast against a telephone pole located at the northwest corner of the intersection. Before the impact, the Buick laid down 8 feet of skid marks. No skid marks were attributed to the Oldsmobile.

Plaintiff testified that she was sitting on the right-hand side of the front seat of the Oldsmobile; as she and Mrs. Smith approached the intersection the signal changed from “Go” to ‘ ‘ Stop ’' and they stopped; they waited until the signal on the northwest corner turned to “Go” and “we started, and we got out, I don’t remember how far, but I looked to the right and I looked to the left, ... I didn’t see any car from any direction”; “I don’t believe I could see a block . . . there was a hedge or something there that I don’t remember how far I could see down that [12th] street”; she could see over the hedge and could see the lanes of traffic coming from the east and going west; she looked “just for a split second”