Bristol v. Bryan

GRIFFIN, P. J. This is an action by plaintiff-appellant for personal injuries and property damage arising out of a vehicle collision at an intersection. Plaintiff-appellant Ronald Harry Bristol alleged that defendant-respondent Eiliene Bernice Bryan negligently operated her car and that defendant City of Fullerton negligently maintained the public highways and the public property where the accident occurred. Defendants denied that they were negligent and asserted the defense of contributory negligence. The trial court granted a nonsuit as to defendant city. This order is not involved in the appeal. The jury returned a verdict for $30,000 for the plaintiff and against defendant Bryan. The trial court granted a motion for new trial on the grounds that the evidence was insufficient to sustain the verdict. Plaintiff appeals from this order.

The evidence discloses that on February 7, 1959, at about 4 p.m., plaintiff was riding a small motorcycle in an easterly direction on Amerige Street in Fullerton. The defendant was driving south on Lawrence Street toward the intersection of that street with Amerige Street. Both plaintiff and defendant testified that they first stopped their vehicles at a boule[256]vard stop one block away from the intersection where the accident occurred and then proceeded.

The intersection here involved was not a boulevard stop intersection. It was in a residential area of the city and visibility was obstructed in such a fashion that the speed limit through the intersection was 15 miles per hour.

Plaintiff testified that when he was 100 feet from the intersection, he looked to his left and saw no oncoming traffic on Lawrence Street; that he then looked to his right and did not look to his left again prior to the collision; that he first saw the Bryan vehicle right in front of him when he was on the west edge of the intersection; and that at that time he was going between 15 and 20 miles per hour. Defendant Bryan testified that she slowed down prior to entering the intersection because of a dip in the road; that as she drove through the dip her speed was less than 5 miles per hour; that before entering the intersection she looked to her left and to her right; that she saw no vehicles in either direction; and that her first knowledge of the accident was seeing plaintiff lying on the street.

Apparently, the front of plaintiff’s motorcycle ran into defendant’s ear just in front of the right front door. Plaintiff’s motorcycle was damaged to the extent that the handle frame was bent underneath the gas tank, the seat was broken off and the front fork was pushed back against the engine. The Bryan vehicle was damaged on the right front door and the top. The right steering tie rod was broken.