Carmean v. Bridges

VAN DYKE, P. J.

These actions were brought by respondents against appellant Bridges based on alleged wilful misconduct whereby respondents, who were guests in appellant’s automobile, were injured. The two cases were consolidated and tried to the court sitting without a jury. The court rendered judgments in favor of the plaintiffs and Bridges appeals.

The two respondents were minors who were serving in the United States Navy. They had been hitch-hiking. Near Gilroy they were picked up by appellant who was eastbound and traveling alone along Highway 152 which crosses over the Pacheco Pass and into the San Joaquin Valley. The accident occurred on a straight two-lane stretch of highway shortly after appellant had emerged from the pass and had reached

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the floor of the valley. The traffic was described by respondent Carmean as being “fairly heavy.” He said there “was a line of cars” going west. It was daylight and the weather was dry and clear.

The testimony of appellant as to his driving, if accepted, would clearly absolve him of the charge of wilful misconduct. Under the well-known rule, however, we must, on appeal, take the testimony in the record most strongly against him. That evidence may be stated as follows: After emerging from the pass and coming to the straight road appellant stepped up his speed so that he was proceeding at between 70 and 80 miles per hour and at fluctuating speed within those limits. Ahead of him and going in the opposite direction was this line of cars. It was late afternoon and these cars were proceeding toward the pass. When the speed reached 70 to 80 miles per hour, Carmean commented to the driver that he had seen an accident about two weeks prior to that, that the road was dangerous, “the curves were dangerous at that speed.” He said that he did not protest because it appeared to him the appellant was sober, was watching the road, “was driving in a manner where I would trust his driving and seemed to be intelligent enough to be able to take care of himself.” While appellant was driving at the indicated speed and passing the line of cars, a car at a distance ahead which Carmean estimated at about one-half mile pulled out into appellant’s lane with the apparent purpose of passing a car or ears ahead. Within the space of a “city block” appellant applied his brakes, whereupon his automobile skidded diagonally across the highway a distance of 150 feet and struck an oncoming car. The driver of the passing ear pulled entirely off the road to his left and entered a field. Respondents received severe injuries. The court awarded Meeks $20,000 and Carmean $15,000.