Donnelly v. Peterson

KAUS, P. J. Plaintiff Donnelly recovered a $25,000 judgment from the defendant Alice E. Welles.1

Facts

The undisputed facts of the accident out of which this litigation arose are these: Plaintiff was westbound on Valley Boulevard; he was riding a motorcycle; the intersection had “left turn slots” in all directions; defendant, who had been [719]eastbound, was in the process of making a left turn onto New Avenue, a north-south street, when there was a collision between plaintiff’s motorcycle and defendant’s ear; the light for east-west traffic was green; the posted speed limit on Valley Boulevard was 35 miles per hour.

The jury was presented with three versions of the accident: plaintiff’s as corroborated by the witness Nelson; defendant’s ; and, third, that of defendant's witness, Bowman.

Plaintiff’s Version: Plaintiff was westbound in the center lane driving below the posted speed. Nelson was driving a truck to the right of and behind plaintiff. As they approached the intersection, a Falcon and defendant’s Chevrolet, in that order, were waiting to make left turns. After permitting westbound traffic somewhat ahead of plaintiff to clear the intersection, the Falcon completed its left turn. The Chevrolet then moved to the point where the Falcon had been waiting to make its left turn. At that point it “hesitated.”2 Plaintiff knew that the Chevrolet intended to make a left turn. When plaintiff reached the easterly crosswalk “all of a sudden the Chevrolet . . . started to go north.” Plaintiff applied his brakes and attempted to swerve around the Chevrolet’s rear. He did not quite make it, was thrown off his bike and seriously injured. Neither plaintiff nor Nelson saw any pedestrians in the north crosswalk.

Defendant’s Version: Defendant was the first car in the left turn slot.3 She had to wait for the light to turn green. After westbound traffic, which had also been stopped, had cleared the intersection she started her turn. When her ear had started to face north but was still within the intersection, she saw plaintiff out of the corner of her eye. She attempted to accelerate but for some reason was unable to do so.

Although defendant looked north, she never saw any pedestrians in the north crosswalk.

Bowman’s Version: Bowman, too, was on a motorcycle. He was facing south on New Avenue, waiting for the signal at Valley Boulevard to change to green. He saw plaintiff’s motorcycle approach from his left. Plaintiff continuously looked at Bowman, who then saw two cars, one behind the