Churukian v. LaGest

97 N.W.2d 832, 357 Mich. 173, 1959 Mich. LEXIS 293
CourtMichigan Supreme Court
DecidedJuly 14, 1959
DocketDocket 21, Calendar 47,554
StatusPublished
Cited by28 cases

This text of 97 N.W.2d 832 (Churukian v. LaGest) is published on Counsel Stack Legal Research, covering Michigan Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Churukian v. LaGest, 97 N.W.2d 832, 357 Mich. 173, 1959 Mich. LEXIS 293 (Mich. 1959).

Opinions

Edwards, J.

Plaintiff suffered severe injuries in an automobile accident which occurred Sunday, J une 20, 1954, at approximately 1:30 a.m., at the intersection of Chicago boulevard and Telegraph road. She sued the owner of the other automobile involved in the collision, in Oakland county circuit court under the owner liability act (CLS 1956, § 257.401 [Stat Ann 1952 Rev § 9.2101]). After the completion of plaintiff’s proofs the judge directed a verdict for defendant on the grounds of plaintiff’s contributory negligence.

On appeal to this Court in such a situation we have repeatedly emphasized that we view the facts from the point of view favorable to plaintiff which a jury might have taken of them. Gapske v. Hatch, 347 Mich 648; Hopkins v. Lake, 348 Mich 382.

These then are the facts for purposes of this appeal :

Plaintiff was returning from a graduation party at a married sister’s home. With her in the car were her mother, her sister and a friend. There had been no drinking.

Plaintiff’s testimony concerning the crucial facts of the accident is as follows:

“A. As I approached Telegraph, I slowed. I could see the flasher from far away and I slowed down slowly. I didn’t come to an abrupt stop. I came to a stop at Telegraph road. There was a red blinker light there. I came to a complete stop. After I stopped — Chicago is 2 lanes, like this, and then there is a cement part where you can turn, it widens out and I was in the second lane and I [176]*176stopped and looked to my right and then I looked to my left for approaching traffic and I saw nothing.
“Q. Did you see any traffic on your right when you looked ?
“A. No, there were no cars that way.
“Q. When you looked to yonr left was there any traffic approaching from your left?
“A. No.
“Q. Then what did you do ?
“A. I put my car in motion and again I thought I better look to the right again and I looked and saw some lights, it had been raining that day and it was misty outside and I could see some lights far away. I thought I had plenty of time to get through.
“Having looked to my right and to my left, I saw nothing at that time and of course I thought I should start up, I couldn’t sit there all night and I started up. I couldn’t tell you how far away those lights were. I could just see them. I couldn’t see what they were, just some lights. And I thought I had plenty of time to get through. If I stopped there might be traffic coming from the left. I had made a complete stop and I had observed and upon not seeing anything, I thought I could cross. * * * I saw the lights but I didn’t know what they were at the time or how close they were to me and that is the only thing I knew about it.
“Q. Have you any recollection of a collision?
“A. No, sir.
“Q. What is the last you remember that night?
“A. Putting the car in motion and observing the lights and then the lights in the hospital.”

And on cross-examination:

“Q. ■ Now, could you give me an estimate as to how fast your car was traveling at that time in miles per hour, whether 10 miles an hour or 5 or 15?
“A. Might I ask, previous to stopping or after?
_ “Q. Perhaps I didn’t ask it correctly. At the time you made the observation you just described, how fast would you say you were going at that time?'
[177]*177“A. I had started up from a standstill, I wouldn’t say more than 5 miles an hour.
“Q. Approximately 5 miles an hour?
“A. Yes, not any more.
“Q. Then you looked to the south at that time and I believe you said you saw some lights, is that correct?
“A. At that time I saw some lights, yes.
“Q. Were they south of this dip you referred to or had they come over this rise? Where were those lights ?
“A. I have no idea how far away they were. They were at my right.
“Q. You didn’t form any judgment as to the distance they were away?
“A. No, I didn’t. They just seemed far away.
“Q. But you had formulated at that time no judgment how far away they were?
“A. It looked to me that they were far enough away so I could safely go across.”

The dip in Telegraph road referred to above is identified by other testimony as 600 feet from Chicago boulevard.

The driver of the other automobile was called by plaintiff to testify under the statute. He was 1 of 6 young servicemen returning home from Fort Knox, Kentucky, on a 42-hour leave. One of the young men was also the son of the owner of the car, the defendant here.

The driver testified that he had gotten up on Saturday at 5:30 a.m. but had had “at the most” 3 hours sleep, in the car. He also testified that there had been no drinking amongst the occupants of the car.

The defendant’s car was proceeding north on Telegraph road—a main 4-lane highway. Approaching Chicago boulevard, while still 1/2 mile away the [178]*178driver saw a yellow flasher confronting him, and a red flasher light confronting cross-traffic on Chicago. He was familiar with the intersection. He testified his speed was 30 to 35 miles per hour. The speed limit at that point on Telegraph was 45 miles per hour.

Concerning his observations immediately before the crash, the driver of defendant’s car testified:

“A. I don’t recall making a definite observation to the left but I recall as I approached the intersection I could see a car coming or stopped in the intersection.”

He also testified that he was looking to his right immediately prior to the accident and only saw the plaintiff’s car just before the impact. As to the’ accident itself, he testified:

“Q. Now, do you mean to say that the front of her car struck the side of your car the way you made the drawing!
“A. Yes, sir, the front left fender and door was all damaged and I was thrown through the window and struck my shoulder on the door like that, so the impact was at the front fender.
“Q. You say it was the side of your car that came in contact with the Ford?
“A. The very point of the left front fender.
“Q. Of the Ford?
“A. Of our car.
“Q. The left front fender of your car came in contact with the side of the Ford, is that right?

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Bluebook (online)
97 N.W.2d 832, 357 Mich. 173, 1959 Mich. LEXIS 293, Counsel Stack Legal Research, https://law.counselstack.com/opinion/churukian-v-lagest-mich-1959.