Fish v. Hoffman

WOOD, P. J. This is an action for damages for personal injuries allegedly resulting from a collision of automobiles in a private parking lot of a food market. In a nonjury trial judgment was for defendants. Plaintiff appeals from the judgment.

Appellant contends that the findings are not supported by the evidence. Although this contention relates to all the findings, it is obvious that appellant did not intend to assert that the findings as to the time and place of the accident, the names of the owners and operators of the automobiles, and the negligence of Mrs. Hoffman were not supported by the evidence. It will be assumed that appellant’s contention is that the evidence does not support the finding that he was guilty of contributory negligence.

The court found that on January 28, 1958, the defendants were the owners of a Chevrolet automobile; at the time and place of the accident, defendant Mrs. Hoffman was operating that automobile and was acting as the agent of defendant Mr. Hoffman, who was then in the automobile; on said January 28, about 11 a.m., she was operating the automobile in a private parking lot adjacent to a market in El Segundo, which lot was provided for the convenience of the patrons of the market; on said date plaintiff was the owner and operator of a Ford automobile; at said time and place the automobiles of plaintiff and defendants collided; defendant Mrs. Hoffman was negligent in the manner in which she operated defendants’ automobile, and said negligence was a proximate cause of said collision; plaintiff was negligent in the manner in which he operated his automobile, which negligence proximately caused and contributed to the happening of the collision and the damage. The court concluded that the plaintiff was not entitled to recover anything from defendants.

The market is at the southeast corner of Center and Mariposa Streets. Center Street extends north and south, and Mariposa Street extends east and west. The parking lot is south of (at rear of) the market. The lot is rectangular— [61]extending north and south lengthwise. The parking spaces, which are designated by white lines, are along the sides and in the center of the lot. In the center there are two rows of parking spaces—facing and adjoining each other. The driveway is between the row of parking spaces along the sides and the rows of spaces in the center, that is, there is a driveway around the area where the center spaces are located. The entrance and the exit of the lot are on Center Street. Arrows painted on the surface of the lot indicate the direction automobiles are to be driven, that is, after entering the lot from Center Street (from the west) automobiles are to be driven south, then east, then north, and then west to the exit on Center Street.