Stuart

Stuart v. Matranga

Good Law
162 Cal. App. 2d 469·1958 Cal. App. LEXIS 1898·328 P.2d 233
Court of Appeal of CaliforniaJuly 31, 1958Civ. No. 5842California1,249 words

Opinion

Lead Opinion

McCabe, J.

Plaintiff, a member of the military forces, was injured when the motorcycle he was operating and defendant’s automobile were involved in an accident at about 9 :30 p. m. on April 3, 1956, at the intersection of El Cajon Boulevard and 60th Street. Plaintiff was traveling west on El Cajon Boulevard and defendant was approaching 60th Street from the west. In approaching this intersection from the west there existed strips of raised concrete, referred to as “hatchers,” which divided the northerly portion of El Cajon Boulevard from the southerly portion.

Plaintiff testified there were other vehicles also traveling in a westerly direction, and that he saw defendant’s ear only momentarily before he hit it. Defendant testified that he was turning onto 60th Street and had given a signal to turn to the left, both by mechanical and manual process, and that his car was either moving very slowly or had stopped at the time of the impact. Plaintiff testified that defendant’s vehicle was traveling slowly. Plaintiff’s motorcycle hit the right front fender and headlight of defendant’s car.

As a result of this accident plaintiff suffered compound and comminuted fractures of his right leg, both…

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