Locastro v. Costello

GRIFFIN, P. J. Plaintiff-appellant brought this action against defendant-respondent for claimed injuries caused by a collision between two cars at an intersection. Plaintiff was a guest sitting in the rear seat of the left-hand side of a car driven by one Andrew Van Pelt. About 4:30 p. m. on May 7, 1958, this car was proceeding northerly in the center lane on India Street, a three-lane one-way street. Defendant was driving his car west on F Street'in the south lane of a three-lane one-way street. Both streets were 52 feet wide. There were red and green traffic control lights at the corner of the intersection. A collision between the cars occurred in the [637]intersection, injuring plaintiff. A trial by jury resulted in a verdict for defendant. Plaintiff appealed.

The principal question presented is: Which vehicle entered the intersection in compliance with the traffic lights? Each party contends that the green light was in his favor as he approached and entered the intersection. Appellant contends the testimony of defendant in this respect was weak, false, inherently improbable, unsupported, uncorroborated, unsubstantial and insufficient to support the judgment for defendant. (Citing Hall v. Osell, 102 Cal.App.2d 849 [228 P.2d 293]; Herbert v. Lankershim, 9 Cal.2d 409 [71 P.2d 220]; Gray v. Brinkerhoff, 41 Cal.2d 180 [258 P.2d 834].)

Defendant argues that the evidence was in conflict and that under Estate of Bristol, 23 Cal.2d 221 [143 P.2d 689], the judgment should be affirmed because there is substantial evidence to sustain it. We will set forth the testimony bearing on that question.

Plaintiff testified that the car in which he was riding was traveling about 22 miles per hour northerly on India Street; that he was paying no attention to the signals and accordingly saw none and did not see defendant’s car approaching until the time of impact; that he was injured and taken to the hospital.

Van Pelt testified he was driving the ear in which plaintiff was riding north on India Street with two other men and they were going home from work; that when he was about one-half block away from the intersection he saw that the signal light at the northwest corner was green; that when his car was about two car-lengths from the intersection, he saw the signal lights at the northeast and southeast corners were still green; that his car was at the tail-end of a line of cars and that when about 30 feet from the intersection he saw defendant’s car when it was about 30 feet from the intersection; that he looked again just before the impact in the intersection and at that time the light was green. He was presented with his testimony at a former trial wherein he stated that he noticed the green signal when he was about three-fourths of a block away from the intersection and continued to observe it while the car traveled about 30 feet; that he then took his eyes off of the signal and did not see it again. It will be noted that he there testified he could see the green light at the southeast corner but at the present trial he testified he could not possibly have seen that light because it was for the street signal for traffic on P street and that he made a mistake