Caden v. McMillin

TAMURA, J. This is an appeal from an order granting plaintiff a new trial in a personal injury action arising out of an automobile accident.

In view of the narrow legal issue presented, only a brief summary of the facts is required. The accident occurred at the [338]intersection of Broadway and Washington Streets in the City of Santa Ana, Broadway, being a north-south street and Washington an east-west street. At its intersection with Broadway, Washington jogs, the portion easterly of Broadway being south of the portion running westerly therefrom. Broadway has two traveling lanes and a parallel parking lane adjacent to the curb on each half of the street. The intersection was controlled by traffic signals which at the time of the accident were green for north-south traffic on Broadway. Plaintiff, driving a 1957 Jaguar, was proceeding northerly toward the intersection on Broadway on the traveling lane adjacent to the parking lane, and defendant, driving a 1956 Buick, was proceeding southerly on Broadway attempting to make a left easterly turn onto Washington. When defendant reached the intersection, he stopped because a pickup truck proceeding northerly on Broadway was attempting a left turn westerly onto Washington. The driver of the pickup motioned the defendant to proceed, so, because of the jog on Washington, defendant passed the pickup on its driver’s side and made his left turn to the rear thereof, between it and another ear stopped behind it. As plaintiff proceeded into the intersection, his vehicle was struck on the door of the driver’s side by defendant’s vehicle. There was a conflict in the evidence respecting the lookout maintained by defendant and whether his vision was obstructed, plaintiff’s speed, lane of travel prior to the collision, the extent and nature of his injuries.

Following a verdict and judgment for the defendant, plaintiff moved for a new trial on grounds of insufficiency of the evidence to justify the verdict, that the verdict is against the law, and errors in law occurring at the trial. The motion was argued and submitted on January 22, 1964, and on January 23, 1964, the court made the following minute entry: “This matter having been taken under submission the court decides: Motion for new trial is granted. ’ ’ In the oral argument on the motion, plaintiff confined himself to the ground of insufficiency of the evidence.

A written order was signed by the judge on January 31, 1964, and filed on February 3, 1964. Following the usual recitals, it provided: “It is hereby ordered that a new trial be granted upon the ground of insufficiency of the evidence to sustain the verdict, and the judgment previously entered herein be hereby vacated. ”