Oertel v. Phillips

The opinion of the court was delivered by This appeal is predicated upon the order of the district court granting the defendant's motion for a new trial. This action was commenced by the plaintiff-appellant, William D. Oertel, a minor, by and through Joseph G. Oertel, his father and next kin, against the defendant-appellee, Florence A. Phillips, to recover damages for personal injuries resulting from a vehicular collision at the intersection of Broadway and Pennsylvania Streets in the city of Leavenworth. The appellant was a fifteen-year-old boy operating his motor scooter with a restricted driver's license. The evidence disclosed that on April 13, 1963, he was going west on Pennsylvania Street with the intention of making a right-hand turn at the intersection of Pennsylvania and Broadway. He stopped at the entrance of the intersection and looked both ways; he put his scooter into low gear, looked again, turned north on Broadway, and was struck by the appellee's car and pushed a car's length past the intersection. His left ankle was fractured and he was permanently injured.