Arlington Yellow Cab Co., Inc. v. Sutter

• Decision Date: 16 March 1976
• Docket Number: No. 9582.,9582.
• Citation: 354 A.2d 241
• Parties: The ARLINGTON YELLOW CAB CO., INC., et al., Appellants, v. Walter F. SUTTER et al., Appellees.
• Court: D.C. Court of Appeals

354 A.2d 241

The ARLINGTON YELLOW CAB CO., INC., et al., Appellants, v. Walter F. SUTTER et al., Appellees.

No. 9582.

District of Columbia Court of Appeals.

Argued January 13, 1976.

Decided March 16, 1976.

Richard W. Boone, Washington, D.C., with whom Edward J. Lopata, William D. Appler and Warren G. Stolusky, Washington, D.C., were on the brief, for appellants.

Henry R. Berger, Washington, D.C., for appellees Walter F. and Helen P. Sutter.

William R. Scanlin, Washington, D.C., with whom Thomas J. Ahern, Jr., Washington, D.C., was on the brief, for appellee Amalia Z. Corado.

Before KERN and NEBEKER, Associate Judges, and HOOD, Chief Judge, Retired.

PER CURIAM:

A taxicab owned by Arlington Yellow Cab Company and driven by Mr. Frederick was struck by an automobile owned and operated by Mrs. Corado. Mrs. Sutter, a passenger in the cab at the time of the collision, and her husband sued the cab company, its driver and Mrs. Corado for damages resulting from injuries she suffered. A jury awarded her $20,000 and her husband $7,000 against the cab company and its driver but exonerated Mrs. Corado from liability. The cab company and its driver have appealed.

The accident occurred about noon at the intersection of 28th and 0 Streets. Rain had fallen earlier in the day and the streets were wet. There are no traffic lights at the intersection but traffic on O Street is controlled by stop signs. The cab was proceeding east on O Street and Mrs. Corado north on 28th Street. It is undisputed that the cab was about halfway across the intersection when it was struck on the right side by Mrs. Corado's car.

The cab driver testified he came to a stop at the stop sign, looked both north and south and saw a car approaching from the south about 300 feet away; that he figured he had plenty of time to cross and he stepped on the gas and took off; and that he never again saw the other car until a fraction of a second before it hit him.

Mrs. Corado testified she slowed down her car as she approached the intersection and looked both to her left and right; that she did not see the cab at the stop sign and did not see it until it was almost in front of her, a split second before she struck it.

The passenger testified she saw a car coming north on 0 Street but she did not continue to watch it and all she remembered concerning the collision was "being on the floor and wondering how in the world I got there."

Appellants assert it was error to admit in evidence Sections 48¹ and 99C² of the District of Columbia traffic regulations. The argument is that as the cab driver testified he stopped at the stop sign and no witness testified otherwise, the stop sign regulation was irrelevant and its admission may have misled the jury. The answer is that the regulation not only requires stopping but also requires effective looking and proceeding with care into the intersection. It was for the jury to decide from the evidence and the reasonable inferences therefrom whether the cab driver looked effectively and proceeded with...