De Falla v. Tuttle

McCOMB, J.

From a judgment in favor of defendants in a trial before the court without a jury in an action to recover damages for personal injuries suffered in an automobile accident, plaintiff appeals.

Facts:

1

On March 29, 1952, plaintiff, a child of 10 years of age, was injured in an automobile accident which occurred

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when the automobile .in which she was riding and which was driven by defendant Mildred Tuttle, struck the rear end of a bus owned and operated by defendant Saint Taribus Catholic Church, and driven by defendant Sandoval.

The trial court found that (1) defendant Mildred Tuttle was negligent and her negligence was the sole and proximate cause of the accident, and (2) plaintiff was a guest at the time of the accident in the car driven by defendant Tuttle, and rendered judgment in favor of defendants.

The appeal is prosecuted solely as to the defendants Tuttle.

Question: Does the evidence support the trial court’s finding that plaintiff was a

guest'

within the scope of section 403

2

of the Vehicle Code?

Yes.

The record discloses that plaintiff, a girl of 10 years of age, was enrolled in the public schools of the city of Los Angeles. She was a member of a group of Camp Fire Girls, and as a part of the social program of this group for the month of March, 1952, there was arranged a series of symphony concerts for the days of March 1, 15 and 2'9, at 30 cents per concert. Transportation was to be by school bus.

Plaintiff took a copy of the program home and showed it to her parents. Her mother gave her consent to plaintiff’s attending the concerts and signed a written permit for her to go by school bus. Plaintiff attended the concert March 1, 1952, being transported in a school bus. She also attended a concert on March 15, 1952, being transported in a station wagon owned by Mrs. Atwater. After the latter date plaintiff’s parents learned that she had been transported in the station wagon and not in a school bus. They made no objection or complaint to this method of transportation.