Price v. Derrickson, 1210.
| Decision Date | 10 June 1952 |
| Docket Number | No. 1210.,1210. |
| Court | D.C. Court of Appeals |
| Parties | PRICE, to Use of NATIONAL RETAILERS MUT. INS. CO. v. DERRICKSON et al. |
Frederick H. Livingstone, Washington, D. C., with whom Paul J. Sedgwick, Washington, D. C., was on the brief for appellees Derrickson and Whitehouse Sightseeing Corp.
William H. Clarke, Washington, D. C., with whom Richard W. Galiher and William E. Stewart, Jr., Washington, D. C., were on the brief for appellee Armstrong.
Before CAYTON, Chief Judge, and HOOD and QUINN, Associate Judges.
Robert W. Price was involved in an automobile collision on Memorial Bridge during the afternoon rush-hour traffic. By suit in Municipal Court he sought damages against Whitehouse Sightseeing Corporation owner of a sightseeing limousine and Vernon L. Derrickson who was its operator. He also named as defendant appellee Armstrong whose automobile was immediately behind the sightseeing car. Trial was without a jury and resulted in finding and judgment for all defendants. Plaintiff brings this appeal, contending that he was entitled to judgment as a matter of law.
Plaintiff's testimony was that he brought his car to a complete stop a few feet behind the automobile directly in front of him; that his stop was sudden and he did not have time to give a hand signal; that "a few seconds" after he had stopped and while his car was at a standstill he was struck from the rear by the sightseeing car and forced into the car ahead of him.
The testimony of the operator of the sightseeing car was in the form of a written statement (received by stipulation) and is set out in the statement of evidence as follows:
Defendant Armstrong testified that his car was immediately behind the sightseeing car; that he heard a series of crashes occurring almost simultaneously; that he heard a crash ahead of his car; that his car struck the car ahead of him and that he in turn was struck almost immediately by the car behind him. He described the impacts as "an accordion-type accident."
We cannot say that the evidence just related required the trier of the facts to impose liability on any of the defendants. If the driver of the sightseeing car were to be believed he did not strike plaintiff's car but was...
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Fisher v. Best
...and the motorist following lies with the motorist behind...." Pazmino v. WMATA, 638 A.2d 677, 679 (D.C.1994) (quoting Price v. Derrickson, 89 A.2d 231, 232 (D.C.1952)); accord, Akers v. Tomlinson, 222 A.2d 644, 645 n. 2 (D.C.1966) (citations omitted); see also Felder v. City of Tacoma, 68 W......
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Nugent v. Curry
...finding of liability as a matter of law and a duty of care rests of course on both motorists." Id. at 679 (quoting from Price v. Derrickson, 89 A.2d 231, 232 (D.C. 1952)). That Court also stated that "normally, the negligence of the trailing car colliding with a forward car is essentially a......
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Pazmino v. WMATA
...does not warrant a finding of liability as a matter of law and a duty of care rests of course on both motorists. Price v. Derrickson, 89 A.2d 231, 232 (D.C.1952). See also Akers v. Tomlinson, 222 A.2d 644, 645 n. 2 and cases cited (D.C.1966). Thus, the driver of the trailing car has a duty ......
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Warrick v. Walker
...following car was negligent. See Pazmino v. Washington Metro. Area Transit Auth., 638 A.2d 677, 679 (D.C.1994) (quoting Price v. Derrickson, 89 A.2d 231, 232 (D.C. 1952)). We agree with appellants that since no emergency or unusual circumstances tended to explain why the accident occurred h......