Schweitzer v. Brewer

• Decision Date: 07 June 1977
• Docket Number: No. 146,146
• Citation: 374 A.2d 347,280 Md. 430
• Parties: Ida SCHWEITZER v. Sonja BREWER.
• Court: Maryland Court of Appeals

Page 430

280 Md. 430

374 A.2d 347

Ida SCHWEITZER v. Sonja BREWER.

No. 146.

Court of Appeals of Maryland.

June 7, 1977.

Jerome J. Seidenman, Baltimore (David B. Purdum, Baltimore, on the brief), for appellant.

T. Joseph Touhey, Glen Burnie, for appellee.

Argued before MURPHY, C. J., and SINGLEY, SMITH, DIGGES, LEVINE, ELDRIDGE and ORTH, JJ.

ORTH, Judge.

Ida Schweitzer (appellant) instituted an action in the Superior Court of Baltimore City for injuries sustained when she was struck by an automobile driven by Sonja Brewer (appellee). After a three day trial, the jury (Grady, J. presiding) rendered a verdict in favor of appellee. Appellant appealed to the Court of Special Appeals, and it affirmed the judgment in a per curiam opinion. Schweitzer v. Brewer, No. 1011, September Term, 1975, filed 23 September 1976, unreported. We issued a writ of certiorari upon appellant's petition, but limited our review to the question whether the Court of Special Appeals erred in approving the trial court's instruction regarding the law with respect to pedestrian control signals, Maryland Code (1957, 1970 Repl.Vol.) Art. 661/2 (the Maryland Vehicle Law), § 11-203. We find no error and affirm the judgment.

The accident occurred about 5 p. m. on 12 March 1973 at the intersection of Reisterstown Road and Clarks Lane in Baltimore City. At that point Reisterstown Road runs roughly north and south. Clarks Lane runs east and west but "dead ends" at its intersection with Reisterstown Road on the east. On the west side of Reisterstown Road where Clarks Lane would have continued is the entrance to a large shopping center. Traffic traveling north on Reisterstown Road is accommodated by two lanes; southbound traffic on Reisterstown Road is accommodated by a left turn lane next to a concrete median strip and three through lanes. Vehicular traffic through the intersection is controlled by overhead traffic lights. There is a marked east-west pedestrian crosswalk at the north side of the intersection with "Walk" and "Don't Walk" lights to control pedestrian traffic. The concrete median strip or island extends into the northern half of the crosswalk. A technician for the Baltimore City Department of Transit and Traffic testified that these "Walk" and "Don't Walk" signals are activated by a manual push button control located on each of the corners. There is no control on the median strip. The intersection is programmed so that when the button is pushed the pedestrian control signal changes to "Walk" within ninety seconds. The signal to "Walk" remains for ten to twelve seconds. It then changes, without flashing, to "Don't Walk." The vehicular control light, however, does not change from red to green to permit a vehicle to proceed into the pedestrian crosswalk for an additional fifteen to twenty-one seconds. Thus, from the time a signal to "Walk" appears, a pedestrian has from twenty-five to thirty-three seconds to cross the intersection in the crosswalk ten to twelve seconds on the "Walk" signal plus fifteen to twenty-one seconds on the "Don't Walk" signal. There was no indication that at the time of the accident the controls were not operating as the technician described.

The accident occurred when appellant was struck by appellee's car while she was walking within the pedestrian crosswalk in a westerly direction across Reisterstown Road at the north side of the intersection. Appellee's car, proceeding south on Reisterstown Road in the curb lane, had entered the pedestrian crosswalk "while facing a green light." ¹ According to appellant, as she arrived at the northeast corner of the intersection, the signal light controlling vehicles crossing Reisterstown Road turned to green and the signal light controlling pedestrians crossing Reisterstown Road turned to "Walk." She had not pushed the pedestrian control button, so apparently it had been activated by another pedestrian on one of the corners of the intersection. She immediately proceeded "to walk briskly across the street" within the pedestrian crosswalk. She did not step up on the median strip or island extending halfway into the crosswalk, but by-passed it on the left. The pedestrian control was still on "Walk" when she was "past the third lane of the median strip . . . right near the (west) side of Reisterstown Road." She had walked past two southbound automobiles which had stopped west of the island awaiting the traffic light to change from red to green. After that she did not remember anything.

Julia Goetze was the driver of the automobile which was at a standstill in the southbound lane of Reisterstown Road next to the left turn lane, that is in the second lane west of the median strip. She first saw appellant "on the median strip." Mrs. Goetze testified: "I noticed that (appellant) paused slightly on the median strip and stepped off into my lane of traffic, crossed in front of my car and as I remember about half way in front of the car immediately to my right at which time the lights changed from red to green. It seemed she had looked over her left shoulder and glanced at the light and at that time she quickened her gait." Appellant was struck by a car which appeared to be slowing down and then "accelerated quickly," when she was in the second lane to the right of Mrs. Goetze, that is "the right southbound lane."

Frederick Voelker, Jr. and his wife Dawn, were in the car southbound in the lane next to the curb lane. The car was at a standstill for the red light. Voelker's testimony was that he saw appellant crossing the street in the crosswalk, and as she approached the left side of his car the light changed from red to green. The curb lane, according to the witness, was then unoccupied, but as appellant took one or two steps into the curb lane, she was struck by appellee's car which stopped within approximately eight feet after striking her.

Appellant was "about midway in the center of (the Voelker) car" when Dawn Voelker first saw her. The traffic light at that time was green for southbound vehicles. Appellant "seemed either to look in or over the top of (the Voelker) car, and then she walked into the other lane, and that is when she was struck." Appellant "was looking straight ahead" when she was struck.

Appellee testified that just prior to the accident she was driving her car south on Reisterstown Road at approximately 15 to 20 miles per hour. About one-half block from the Clarks Lane intersection, she observed that the light for Reisterstown Road traffic was red. She braked her car and when she was about two car lengths behind the Voelker car, the light changed from red to green. She planned to proceed through the intersection and as she did, she observed appellant for the first time directly in front of her car. She immediately applied her brakes but the car struck appellant. The car came to a stop within approximately a half a car length.

It is plain that on the evidence adduced the issues of appellee's negligence and appellant's contributory negligence were properly for the jury, and appellant makes no claim to the contrary. Nor on appeal did she challenge the trial judge's instructions as to appellee's negligence which were given with reference to the law concerning a vehicle proceeding on a green light. She did, however, complain below, on appeal, and in her petition for a writ of certiorari about the judge's instructions on contributory negligence as given in the light of the statute on "Pedestrian control signals," § 11-203 of the Maryland Vehicle Law. ²

Section 11-203 of the Maryland Vehicle Law provides:

Whenever special pedestrian control signals exhibiting the words "walk" or "don't walk" or "wait" are in place, they shall indicate as follows:

(1) Walk. Pedestrian facing this signal may proceed across the roadway in the direction of the signal and shall be given the right-of-way by the drivers of all vehicles. At an intersection where an exclusive all pedestrian interval is provided, pedestrians may proceed across the roadway in any direction within the intersection.

(2) Don't walk or wait. No pedestrian shall start to cross the roadway in the direction of this signal, and any pedestrian who has partially completed his crossing on the "walk" signal shall proceed without delay to a sidewalk or safety island while the "don't walk" or "wait" signal is showing.

Without specifically identifying the statute, the judge read its relevant provisions to the jury. He explained that they need pay no attention to "wait," obviously because the control here did not contain a "wait" signal, and that the provisions concerning "an exclusive all pedestrian interval" were, of course, not applicable, the controls at the intersection involved being not so programmed. The judge then applied the statute to three possible factual findings by the jury on the evidence. If the jury found

(1) that there was a "Don't Walk" signal when appellant arrived at the intersection, it was her duty to obey and not start across (2) that there was a "Walk" signal when appellant started across the intersection which changed to "Don't Walk" before she reached the median strip or island between the north and southbound lanes of Reisterstown Road, she had the duty to proceed without delay to the island "and wait there until a signal facing her was in her favor indicating 'Walk'." ³ (emphasis added).

(3) that there was a "Walk" signal when appellant left or passed the median strip or safety island and that the signal thereafter changed to "Don't Walk" while she was crossing the southbound lanes of Reisterstown Road, she was entitled to continue her crossing by proceeding without delay to the sidewalk on the west side of Reisterstown Road.

The judge then summed up:

In summary, if you find that the pedestrian signal read "Don't walk" when the plaintiff left either the east curb of Reisterstown Road or the safety island dividing Reisterstown Road, if the sign was "Don't walk" at that time, then ...