Boyd v. Cress

SHENK, J.

Defendant Cress appeals from a judgment awarding damages to the plaintiff for personal injuries suffered in a motor vehicle accident.

On September 2, 1951, Cress and the plaintiff Boyd left Chico, California, in Cress’ automobile for the purpose of driving to Fall River, California, in order to make plans for deer hunting trips later in the year. Cress drove his car and Boyd accompanied him as a nonpaying passenger. Sometime between 2 and 3 o ’clock on the morning of September 3, after driving four or five hours, Cress steered his automobile over to the side of the highway and stopped, apparently for the purpose of examining the tires and to stretch and relax momentarily. Boyd stepped out on the right side of the vehicle, leaving the right door in a “locked open” position. Standing next to the door outside of the automobile, Boyd was struck by the door when the car suddenly rolled backward a few feet. Cress was sitting in the driver’s seat at this point but he was unable to stop the ear before the open door struck Boyd causing him in turn to spin around the door and to strike the right front bumper injuring his shoulder. After the accident Boyd and Cress resumed their trip, driving first to Fall River, as originally contemplated, and then returning to Chico.

Boyd commenced this action on January 7, 1952, alleging that Cress negligently failed to set the brakes on the automobile, allowing it to roll backward and to strike him while he stood on the adjacent ground. The trial court found generally for the plaintiff, awarding $500 general and $1,300 special damages.

Cress’ sole contention is that the foregoing facts show that Boyd was a ‘ ‘ guest ’ ’ at the time of the injury within the meaning of section 403 of the Vehicle Code and for that reason has no right of recovery. It was stipulated by the parties that Boyd was a guest at the outset of their trip together. Hence the controlling question is whether Boyd remained a guest

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within the meaning of the statute after he stepped out of the automobile.

Section 403 provides that “No person who as a guest accepts a ride in any vehicle upon a highway without giving compensation for such ride, nor any other person, has any right of action for civil damages against the driver of such vehicle or against any othér person legally liable for the conduct of such driver on account of personal injury to or the death of such guest during such ride, unless the plaintiff in any such action establishes that such injury or death proximately resulted from the intoxication or wilful misconduct of said driver.”