Vahey

Appellant Marion Faye Vahey brought an action for personal injuries against respondent Sandra Sacia and others involved in a five-car collision. The matter was settled and dismissed as to the other defendants. A jury returned a general verdict, finding in favor of respondent. A motion for new trial was denied. The appeal is from the judgment.

A car driven by A stopped on the highway and was hit by a car driven by B. C ran into B. There was evidence from which it could be concluded that appellant’s car (the fourth car), driven by her husband, hit C’s car and then was hit by respondent Sacia’s (the fifth car). It could be concluded from other evidence that Mr. Vahey stopped and then respondent ran into him and pushed him into C. Appellant suffered a severe hip injury, either in the collision with C or in the collision with respondent. There was evidence that she would not have suffered the particular injury if she had been wearing a seat belt.

There was no question but that A, B and/or C were negligent, and such negligence was either the cause or a contributing cause of appellant’s injury. It also appears that there was no substantial question of Mr. Vahey’s…