Hodges v. Baurmann

DRAPEAU, J. pro tem.* Plaintiff’s and defendants’ automobiles collided at the intersection of Highways 101 and 101A in Ventura County. This point is midway between Oxnard and Ventura on the coast highway.

Traffic there was controlled by red and green lights.

Plaintiff testified that he “had the green light” and that defendants’ automobile struck his automobile while it was in the intersection. A witness who was driving a car following plaintiff testified that the light was green when plaintiff entered the intersection.

Defendant driver of the other car in the accident, and two other witnesses for him, all testified that they too saw a green light at the intersection, but in their lane of traffic.

This hopeless conflict in the evidence was resolved by a jury in favor of plaintiff, together with the related issues of contributory negligence and damages. The verdict for plaintiff was for $35,721.20.

The trial judge stated that he would deny a motion for a [578]new trial that followed if plaintiff would remit $8,000 of the verdict and consent to a judgment for $27,721.20. Plaintiff so consented, and judgment followed.

Defendants contend on appeal:

(a) That there was no substantial evidence to support the verdict;

(b) That it was error to admit evidence as to certain habits of plaintiff’s dog while riding in the car; and

(c) That the damages were excessive.

The record contains substantial evidence to support the verdict. Defendants’ principal contention in this respect is that plaintiff was guilty of contributory negligence because he testified that as he was approaching the intersection at 15 miles an hour, he estimated the speed of defendants’ approaching car at 60 or 70 miles an hour. “Therefore,” say defendants, “it was contributory negligence for plaintiff to drive his car into the intersection and into the path of their car.”

It is true, of course, that a reasonably careful driver, approaching an intersection with a go-ahead signal, should be vigilant and alert, and should not blindly propel his motor vehicle into the path of an approaching vehicle that he knows will be unable to obey the red signal and stop.