Figone v. Statter

SALSMAN, J. Appellant Ernest A. Figone, Jr., appeals from a judgment upon a jury verdict in favor of respondents Steesa Radiance D. Statter and Victor E. Fasano.

Appellant’s action grew out of two separate automobile accidents, the first involving respondent Statter, and the second involving respondent Fasano. Appellant claimed he sustained personal injuries in each accident and demanded damages from each of the respondents. A brief reference to the facts of each accident is appropriate.

The Statter Accident

This accident occurred on February 28, 1962, at the junction of the James Lick and Central freeways in San Fran[701]cisco. Both appellant and respondent were southbound. Traffic was heavy, and cars were stopped in appellant’s lane. Appellant, too, came to a stop. He looked in his rear view mirror and observed respondent Statter just before her vehicle struck him from behind. Respondent Statter told a highway patrol officer that traffic in front of her slowed, and that she was preparing to change lanes when traffic suddenly stopped and she struck appellant’s car.

The Fasano Accident

This accident took place on August 3, 1962, at about 7:30 a.m. on U.S. Highway 101, between the south exit of the Waldo Tunnel and the north end of the Golden Gate Bridge. Traffic was heavy, the morning foggy and drizzly. In places sand and debris were on the highway from construction work, and the surface of the roadway was wet from the first rain of the season. Appellant stopped twice with the traffic after clearing the tunnel. The second stop was more abrupt than usual, but the car following appellant was also able to stop, without incident. Respondent Fasano, following the ear immediately behind appellant, struck that car and drove it into appellant’s, and Fasano’s car in turn was rear-ended by the ear following it.

After each accident, appellant consulted a doctor, complaining of pain in his back, chest, neck, groin and right leg. After the second accident he was treated by an orthopedist, who described appellant’s injuries as a contusion and sprain of the lower back, and stated that these injuries were sustained by appellant in the accidents described. Appellant testified that his injuries limited his activities, especially those relating to recreation, but that he lost no time from his job.