Stuart v. Matranga

McCABE, J. pro tem.* Plaintiff, a member of the military forces, was injured when the motorcycle he was operating and defendant’s automobile were involved in an accident at about 9 :30 p. m. on April 3, 1956, at the intersection of El Cajon Boulevard and 60th Street. Plaintiff was traveling west on El Cajon Boulevard and defendant was approaching 60th Street from the west. In approaching this intersection from the west there existed strips of raised concrete, referred to as “hatchers,” which divided the northerly portion of El Cajon Boulevard from the southerly portion.

Plaintiff testified there were other vehicles also traveling in a westerly direction, and that he saw defendant’s ear only momentarily before he hit it. Defendant testified that he was turning onto 60th Street and had given a signal to turn to the left, both by mechanical and manual process, and that his car was either moving very slowly or had stopped at the time of the impact. Plaintiff testified that defendant’s vehicle was traveling slowly. Plaintiff’s motorcycle hit the right front fender and headlight of defendant’s car.

As a result of this accident plaintiff suffered compound and comminuted fractures of his right leg, both above and below his knee. He was taken to the Navy hospital, operated upon, and had metal screws affixed to the bone below his knee. He was put in traction and later a cast was applied to his body. The most complicated and severe fracture was below the knee which extended into the knee area. A sliding bone graft operation was performed on his leg below the knee. At the time of trial there was a conflict in the medical testimony as to whether or not there was any union of the bones at the point where the sliding bone graft operation was performed. Plaintiff was in and out of hospitals from the date of the accident to the date of trial. A short time before the trial date a brace was applied to plaintiff’s leg and he was able to walk on crutches.

There is a definite and sharp conflict in the evidence given by the doctors for plaintiff and defendant as to the prognosis. Plaintiff’s medical evidence is that he will have a stiff knee withoút flexibility, an operation will have to be performed [471]on his leg below the knee in order to obtain proper union of the bones, there will be permanent disability, all of which will prevent plaintiff from continuing to operate heavy equipment as he did before and during his military service. Defendant’s medical evidence is that there is a partial union of the bones and there may have to be an operation to aid the union; that there is a limitation of motion in the knee but, in part, this will be overcome in time by use; that there will not be a stiff knee; and that plaintiff will be able to operate heavy equipment. Defendant’s doctor testified that in view of plaintiff’s youth (24 years of age at the time of the trial), and the fracture in the bone between the hip and the knee had healed, there was a medical reason to believe that union of the bones below the knee could be obtained. Apparently all doctors agreed at the trial that the right leg was shorter than the left, and this cohdition would continue to exist.