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Backus v. Sessions2/17/1941
SUPREME COURT OF CALIFORNIA IN BANK
L.A. No. 17700.
1941.CA.40205 ; 110 P.2d 51; 17 Cal. 2d 380
February 17, 1941
J. W. BACKUS, RESPONDENT,
v.
MILTON SESSIONS ET AL., APPELLANTS.
APPEAL from a judgment of the Superior Court of San Diego County. Robert B. Burch, Judge. Affirmed.
Wright, Monroe, Harden & Thomas and Monroe & McInnis for Appellants.
Joseph S. Campbell for Respondent.
Carter
CARTER, J. Defendants appeal from a judgment rendered by the court sitting without a jury awarding plaintiff $3,500 damages for injury to the optic nerve of his left eye, and progressive impairment of vision and blindness resulting therefrom. That injury and other injuries resulted from a collision on April 5, 1939, in the day time between plaintiff's motorcycle and defendant Sessions' delivery truck, being driven by Sessions' employee, defendant Bonnin. The collision occurred in the city of San Diego at the intersection of India and Redwood Streets, each of which is paved and curbed and 52 feet wide. By reason of the obstruction of the view of traffic within the statutory distance on Redwood Street to northbound traffic on India Street, the prima facie speed limit at the intersection was 15 miles per hour. (California Vehicle Code, sec. 511.) Under these circumstances
plaintiff drove south on India Street and made a "U" turn about three-fourths of a block south of the intersection. He then drove north on India Street. Defendant Bonnin was driving south on India Street, and at a point about 16 feet north of the north line of the intersection with Redwood Street commenced to make a left turn into Redwood Street and in so doing crossed to his left of the center line of India Street, "cut the corner", and proceeded across the northeast quarter portion of the intersection. Just prior to the collision both plaintiff and Bonnin were traveling 25 miles per hour. The collision was head-on and occurred 3 feet south of the north line and 16 feet west of the east line of the intersection. As a result of the collision plaintiff suffered mental and physical shock, a fractured left ankle and wrist, bruised back and arm, and cuts and bruises on the left side of his head and on the left eye; the optic nerve of his left eye was injured resulting in partial atrophy and 80 per cent loss of vision and the prognostication is total blindness in that eye. The damages were found to be $3,500 for the injury to the optic nerve and the results flowing therefrom, and $800 for all other damages.
Defendants denied that Bonnin was negligent and pleaded as special defenses a release from plaintiff and contributory negligence. From the foregoing facts it is obvious that the finding of the trial court that defendant Bonnin was negligent and that his negligence was the proximate cause of the collision is supported by the evidence.
Defendants contend that the release was a complete defense to the action. After the accident, plaintiff, being a member of the United States Marine Corps, was taken to the United States Naval Hospital in an unconscious condition. He was totally unconscious until 9 o'clock that night. While at the hospital he was under the care of Dr. Grindell, a physician attached to the hospital. The following day, April 6, 1939, at about 3 o'clock in the afternoon, A. B. Severance, an insurance company adjuster from defendant's public liability carrier, called on plai
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