Wittenbach

In this personal injury action, the jury, on the basis of comparative negligence, returned a verdict in favor of plaintiff in the amount of $3,250. Judgment was entered accordingly. Plaintiff’s motion for new trial was denied. Plaintiff appeals from the judgment contending that there is no evidence of any negligence on the part of plaintiff, that it was, therefore, error to instruct on comparative negligence, and that the award of $3,250 was grossly inadequate as a matter of law. We have concluded that plaintiff’s contentions are not meritorious. Accordingly, we affirm the judgment.

Pertinent Facts

The accident occurred in the parking lot of Valley Memorial Hospital in Indio at about 2 p.m. on December 17, 1971. Mrs. Wittenbach (plaintiff), a pedestrian, was struck from behind by a Jaguar automobile operated by Dr. Ryan (defendant).

Defendant, a medical doctor, was on the staff of the hospital. He was at the hospital to check X-rays of a patient, but the X-rays were not ready, and he left the building, heading for his car to return to his office.

Plaintiff was a registered nurse on duty at the hospital that day. She saw defendant leave the building and followed him…