Eramdjian v. Interstate Bakery Corp.

315 P.2d 19, 153 Cal. App. 2d 590, 1957 Cal. App. LEXIS 1535
CourtCalifornia Court of Appeal
DecidedSeptember 6, 1957
DocketCiv. 22263
StatusPublished
Cited by45 cases

This text of 315 P.2d 19 (Eramdjian v. Interstate Bakery Corp.) is published on Counsel Stack Legal Research, covering California Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Eramdjian v. Interstate Bakery Corp., 315 P.2d 19, 153 Cal. App. 2d 590, 1957 Cal. App. LEXIS 1535 (Cal. Ct. App. 1957).

Opinions

MOORE, P. J.

Defendants appeal from a judgment of $200,000 entered against them upon a verdict in an action brought by plaintiff to recover for his injuries received when run over while lying unconscious on San Fernando Road in Glendale, the result of a previous accident. He was crushed by a bakery truck operated by appellant Williams in the scope of his duties while employed jointly by appellants Interstate Bakeries and Weber Baking Company.

The Facts

Respondent, aged 23, and his friend William T. Clark met at Tiny’s Café in Glendale about 11 p. m. on April 18, 1954. They remained half an hour, each having consumed in that time a bottle of beer. About 11:30 Clark offered to transport plaintiff home on his motorcycle which was properly equipped for carrying a passenger. Plaintiff rode on the rear seat while Clark operated the vehicle from the front seat. They proceeded northerly on San Fernando Boulevard approximately four blocks to a point where the street curved to the left and then to the right, thereby creating an “S” [594]*594curve. As they entered the south portion of the curve, Clark was operating the machine in the lane next to the east curb. As he turned his front wheel and leaned to the left to make the turn, his motorcycle failed to respond sufficiently and struck a telephone pole just over the east curb, near the middle of the curve. Clark was hurled forward about 75 feet. Plaintiff was thrown into the street, face down in an unconscious condition, his body coming to rest eight feet west of the telephone pole, about 18 feet south of the pole and perpendicular to the curb. He suffered retrograde amnesia and had no memory of anything that happened after leaving the café until some days later at the hospital. On the night of the accident, the ornamental street lights burned until midnight, including the two lamps on the nearby standard. This standard was in the immediate vicinity of the spot where plaintiff lay on the road.

At about the same time, one Baker was riding a motorcycle in a southerly direction on San Fernando Road. As he came around the north part of the “S” curve, he saw the wrecked motorcycle, and as he looked back over his shoulder, he observed plaintiff’s body lying in the street. Baker immediately stopped his vehicle, either on the double center line or slightly over it into the northbound lane. Seeing the truck of defendant Williams approaching from the south about 150 feet away, Baker attempted to signal by swinging his front wheel, thereby moving the headlight back and forth in the direction of the oncoming truck. He observed defendants’ truck pull over to the right, and, thinking it was going to stop, momentarily directed his attention to traffic which might be approaching from the north. As he turned around again, he was just in time to observe the left rear dual wheels of the truck pass over the “middle” or “small of” plaintiff’s back. At that time Baker was 30 or 40 feet away from where respondent lay. The accident happened about 11:45 p. m. Plaintiff suffered severe and permanent injuries which it appears will prevent him from engaging in most, if not all, gainful employment.

Grounds for Appeal

Appellants demand reversal on the grounds of (1) insufficiency of the evidence to sustain the finding of negligence; (2) error of the court in withdrawing from the jury the pleaded defenses of contributory negligence and assumption of risk; (3) error in giving instructions which they claim [595]*595virtually directed a verdict for plaintiff; (4) error in giving instructions with respect to damages and the burden of proof with respect thereto; (5) excessive verdict.

Evidence Sufficient

It appears that there were only two eye witnesses to the tragic accident; Baker, and the truck driver Williams. Other evidence consisted of maps, photographs of the situs, and testimony respecting the lighting conditions on the street at the time of the accident.

Williams’ explanation of the scene and events is substantially as follows: He was hauling a “cleanup load” of bread from the Log Cabin Bakery to the 4-S Bakery in Glendale via San Fernando Road, travelling in a northerly direction. He had about 1,000 pounds in a one and one-half ton panel delivery truck equipped with rear dual wheels. He was driving about 30 miles per hour, the speed for which the signals were set. The weather was clear and the street dry. His headlights were on low beam which illuminated the road from 150 to 200 feet ahead. His truck was equipped with four-wheel hydraulic air brakes, in good condition. He was familiar with the road, traveled it five nights a week in the course of his employment. As he approached the intersection with Pacific Avenue at the southerly end of the “S” curve, he suddenly became aware of a motorcycle or headlight which appeared to be making a left-hand turn in front of him. The motorcycle had stopped in the northbound lane a few feet from the centerline; Williams swerved to the right and took his foot off the accelerator to slow down. He did not apply his brakes at that time. He assumed that the motorcycle was intending to make a left turn and that it was waiting for him to pass. The next thing he knew was the appearance of respondent’s body on the pavement about 30 feet in front of the truck. He immediately jammed on his brakes and started sliding. He realized that if he continued in the same direction, he would hit the man with his wheels locked. He released the brakes and veered to the right, but both front and rear left wheels passed over the fallen man. He stopped his truck about four feet beyond respondent. He assumed that his own rate of speed at the time was “somewhere between 5 and 10 or 12 miles an hour.” Respondent was clad in dark clothes and was lying face down. When Williams looked later, he found 15 feet of skid marks where he had [596]*596locked Ms wheels, but the evidence does not disclose where these skid marks were in relation to the position of respondent when first seen by the witness.

After Williams alighted from the truck, he placed flares on the highway and then ran to an emergency hospital on the east side of Pacific Avenue where he was unable to arouse anyone. He believed that on his way back to the truck he glanced at a clock on a nearby signboard and saw that it was five minutes to twelve.

The time element is important for the reason that Williams testified that sis or eight blocks before he reached the scene of the accident there was a change in the street lighting on San Fernando Road; that each alternate light standard on both sides of the street went dark and that on every other light standard only one of the two light bulbs was burning when he approached the scene; that the lights on the standard immediately adjacent to respondent’s body were not burning at all as he approached. He stated this change in lights occurred from ten to five minutes before twelve.

Such testimony was overcome by the following evidence: After he had run over plaintiff and put out flares, Williams and Baker went looking for a telephone whereby to call the police, to find which they had difficulty. The time at which the call reached the police station does not appear, but Officer Minker testified that he received the call on his radio from the Glendale police station at 11:59 and arrived at the scene about 12:10. Mr. Witt, senior electrical engineer for the City of Glendale, testified that the street lamps on San Fernando Road were always three-fourths turned off at midnight.

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Cite This Page — Counsel Stack

Bluebook (online)
315 P.2d 19, 153 Cal. App. 2d 590, 1957 Cal. App. LEXIS 1535, Counsel Stack Legal Research, https://law.counselstack.com/opinion/eramdjian-v-interstate-bakery-corp-calctapp-1957.