Arroyo v. Arden Farms Co.

SHOEMAKER, P. J. Defendants appeal from an order granting plaintiffs a new trial.

Plaintiffs Sally Arroyo and Angela French brought this action to obtain damages for personal injuries sustained in an automobile accident allegedly caused by the concurrent negligence of the employee-driver of the vehicle owned by defendant Peerless Laundry Company and Zoric Cleaners (hereafter referred to as “Peerless”) and defendant Fred Brown, the employee-driver of the vehicle owned by defend[334]ant Arden Farms Co., Inc. (hereafter referred to as “Arden”).

After a trial by jury, verdict and judgment were in favor of all three defendants and against both plaintiffs.

Plaintiffs thereafter moved for a new trial on the grounds of insufficiency of the evidence to justify the verdict, accident or surprise, newly discovered evidence, irregularity in the proceedings which prevented plaintiffs from having a fair trial, and error in law occurring at the trial.

The court granted the motion upon all the grounds therein specified, specifically mentioning the ground of insufficiency of the evidence to sustain the verdict.

All three defendants filed notice of appeal from the order granting plaintiffs a new trial.

Defendants first contend that the order appealed from cannot be upheld on the ground of insufficiency of the evidence to support the verdict. Defendants Brown and Arden assert that the evidence fails to demonstrate that either of them was guilty of any negligent conduct. Defendant Peerless denies that there was any evidence that its driver was negligent and further denies that any such negligence, if present, was a proximate cause of plaintiffs’ injuries.

It is only where it can be said as a matter of law that there is no substantial evidence to support a contrary judgment that an appellate court will reverse an order granting a new trial on this ground. (Ferrel v. Safway Steel Scaffolds (1962) 57 Cal.2d 651, 653 [21 Cal.Rptr. 575, 371 P.2d 311]; Yarrow v. State of California (1960) 53 Cal.2d 427, 434 [2 Cal.Rptr. 137, 348 P.2d 687]; Apodaca v. Trinity Lumber Co. (1964) 226 Cal.App.2d 1, 6 [37 Cal.Rptr. 731].) In the instant case, the record does contain substantial evidence warranting a judgment against all three defendants.

The accident occurred at approximately 2:30 p.m., on San Bruno Avenue in San Francisco. Plaintiff Arroyo was driving a station wagon in which plaintiff French was riding as a passenger. Mrs. Arroyo had executed a left turn from Silver Avenue onto San Bruno Avenue and was proceeding at a speed of 5 to 15 miles per hour when she saw a man run from a store located on the right-hand side of the street and get into a Peerless laundry truck parked at the curb. Immediately thereafter and without looking around, the man drove the truck away from the curb and into Mrs. Arroyo’s lane of traffic. Mrs. Arroyo told her passenger that the truck was coming out and that she was going to stop to avoid being hit.