Hametner v. Villena, 20111.

• Court: U.S. Court of Appeals — Ninth Circuit
• Writing for the Court: PER CURIAM
• Citation: Hametner v. Villena, 361 F.2d 445 (9th Cir. 1966)
• Decision Date: 09 May 1966
• Docket Number: No. 20111.,20111.
• Parties: Albert L. HAMETNER, Appellant, v. Andres M. VILLENA, Hawaiian Rock Products and National Union Fire Insurance Company, Appellees.

361 F.2d 445 (1966)

Albert L. HAMETNER, Appellant, v. Andres M. VILLENA, Hawaiian Rock Products and National Union Fire Insurance Company, Appellees.

No. 20111.

United States Court of Appeals Ninth Circuit.

May 9, 1966.

Finton J. Phelan, Jr., John M. Webster, Agana, Guam, for appellant.

E. R. Crain, Agana, Guam, for appellees.

Before HAMLEY, JERTBERG, and ELY, Circuit Judges.

PER CURIAM:

The appellant was plaintiff in the court below. He sought damages for personal injuries which he suffered in a collision between a motorcycle operated by him and a truck. The accident occurred at an intersection. Appellant contends that the truck's driver illegally made a left turn in front of the oncoming motorcycle and that, although he skidded his motorcycle 61 feet before impact, he was unable to avoid the collision. The principal thrust of the defense was to the proposition that appellant was operating the motorcycle at an excessive rate of speed, that he was negligent in so doing, and that his own negligence contributed as a proximate cause of the accident and resulting injuries.

Trial was to a jury, and the verdict and judgment were in favor of appellees.

In his appeal, appellant emphasizes three contentions. None of them has merit.

It is first urged that we should determine, as a matter of law, that the proof was insufficient to support a verdict claimed to rest upon a determination that the appellant was contributively negligent. We are unable to reach such a conclusion. The record contains conflicting testimony, and the whole...