Chandler v. Quinlan

PULLEN, P. J.

This is an appeal from a judgment awarding damages for personal injuries sustained by plaintiff, a guest riding with defendants. The automobile in question was owned by Selleck, and at the time of the accident was being driven by Quinlan, with the consent and permission of the owner. There seems to be little dispute as to the facts of the case, which substantially are as follows:

Mrs. Chandler, the plaintiff, together with Miss Berryman, Selleck and Quinlan left Redwood City on a pleasure trip to go to Toll House in Fresno County, approximately 200 miles from Redwood City. They stopped at Los Banos for

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lunch, and upon leaving Los Banos Mr. Quinlan took the wheel, Mr. Selleck riding in the front seat with him, and Miss Berryman and Mrs. Chandler occupied the rumble seat.

Upon leaving Los Banos Quinlan drove at about 45 miles an hour, increasing the speed gradually until they had attained a speed of approximately 55 to 60 miles an hour. Some few miles out of Los Banos they approached an “S” curve. As they were approaching the turn both plaintiff Mrs. Chandler and Selleck told Quinlan to slow down on account of the approaching curve. To one of these warnings Quinlan stated, “Oh, I guess I can make it.” Quinlan, the driver, was warned a second time by Selleck, who said, ‘1 Slow down, Tommy, there is a bad curve ahead of us,” and to this Quinlan again replied that he thought he could make it. The car was proceeding at a too rapid speed to negotiate the turn, as the result of which it skidded onto the gravel shoulder of the highway, causing the car to get out of control, going into a ditch, striking a fence, and causing the injuries to plaintiff here complained of.

The weather was clear and the highway approaching the cúrve was straight, and not only was the curve known to the driver, but some 300 feet before entering the curve there was a state highway sign upon the road indicating an “S” curve.

Upon these facts the question here for determination is whether the jury were justified in finding Quinlan guilty of wilful misconduct. The reviewing courts of this state have had this question before them on many occasions, and it is not necessary here that we review all of these many cases or attempt to redefine what is meant by wilful misconduct.