Gordon

Gordon v. J & L Machinery Services Co.

Good Law
1963 Cal. App. LEXIS 2791·213 Cal. App. 2d 711·29 Cal. Rptr. 263
Court of Appeal of CaliforniaMarch 11, 1963Civ. No. 26122California637 words

Opinion

Lead Opinion

Files, J.

This is a rear-end collision case in which a jury returned a verdict for the defense. Plaintiff was the owner and driver of the front car. Defendant was the owner of the rear vehicle. It is undisputed that plaintiff was eastbound on Adams Boulevard when he stopped to yield the right-of-way to a pedestrian in a marked crosswalk, and that the front end of defendant’s vehicle collided with the rear of plaintiff’s vehicle. In other respects the evidence is in conflict. Por the purposes of testing its sufficiency to support the judgment, it must be viewed in the light most favorable to defendant. (Crawford v. Southern Pac. Co., 3 Cal.2d 427, 429 [ 45 P.2d 183 ].)

*713 The judgment is supported by evidence that plaintiff sustained no damage. The defendant’s driver and the pedestrian both testified that plaintiff’s vehicle did not move when struck. Neither of these witnesses observed any damage to plaintiff’s vehicle. Plaintiff testified to only $14.70 worth of vehicular damage consisting of a bent tail pipe and bent bumper brackets. Plaintiff himself did not notice this damage immediately after the accident and the jury could well have concluded that it occurred some other time.…

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