Colla v. Beaver Lumber Co.

SCHOTTKY, J. J.— Plaintiffs above-named [Sam P. Colla, and Prank Volano and Marino Fanucchi, partners under the firm name and style of Kelly Box Company] have appealed from a judgment in favor of defendants in an action in which plaintiff Sam P. Colla sought to recover for injuries sustained when a truck which he was driving collided with a truck which was being driven by defendant Beaver Lumber Company’s employee, defendant Robert M. Cain. Prank Volano and Marino Fanucchi, partners under the firm name and style of Kelly Box Company, appeal from the judgment deny[273]ing them recovery for damages to their truck which Colla was driving. The case was tried by the court sitting without a jury.

The record shows that the accident occurred on the morning of February 15,1957, at the intersection of Sequoia Boulevard and Highway 29, which is near Vallejo. Highway 29 runs in a general northerly and southerly direction. It is a divided four-lane highway with two lanes in each direction. The opposing lanes are separated by concrete islands. Sequoia Boulevard enters Highway 29 from the east and a smaller road enters the highway from the west. Several hundred feet south of the intersection Highway 29 curves to the left, and some 500 feet south of the intersection the highway passes under United States Highway 40. At the time of the accident, the southbound lanes of Highway 29 were barricaded at the intersection, compelling all southbound traffic to make a left turn onto Sequoia Boulevard or a right turn onto the other road.

Colla was driving a truck loaded with empty boxes south on Highway 29. He testified as follows: He intended to make a left turn at the intersection. He slowed down, signaled for a left turn, and either stopped momentarily or almost stopped before making the turn. Before he turned he looked to the right, saw no traffic coming north and then proceeded across the intersection at a speed of 2 or 3 miles an hour. When he was crossing the white line separating the northbound lanes of traffic, he heard brakes screeching and saw the defendant’s truck about 100 feet away traveling about 60 miles an hour. He then swerved the truck to the left and hit defendant’s truck on the left-hand side some 10 or 12 feet from the front bumper.

A Mrs. LeDesma testified that she first recalled seeing the Kelly Box Company’s truck coming toward the intersection at about 5 or 10 miles per hour. She saw it stop at the intersection. A few moments later she heard the sound of brakes screeching and she saw defendant’s truck and trailer coming around the curve at a high speed. The next thing she knew there was a collision between the lumber truck and the vehicle crossing the intersection.