Stepan v. Garcia

Opinion

ARATA, J.

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This is an appeal from an order dismissing the cross-complaint of Alfred and John Stepan, appellants, in response to a motion

[499]

for summary judgment made by Barney Garcia, cross-defendant and respondent.

The facts relevant to the issues on appeal are as follows: On June 8, 1967, John Stepan, with consent of his father Alfred Stepan, delivered an automobile (owned by the father) to the service station owned and operated by respondent and cross-defendant Barney Garcia. The car was left overnight for the purpose of having the tires changed. During that evening the car was involved in an automobile accident while in the possession of one John M. Coony, an employee of the service station operator, Garcia. As a result of this incident two lawsuits were filed: one for wrongful death (the Brock action) and the other for personal injuries (the Johnson action). In each complaint the Stepans and Garcia, along with the administratrix of the estate of John M. Coony, were named jointly as defendants on charges of negligent operation, maintenance, control and entrustment, agency, employment, permissive use and bailment. In these actions, which were later consolidated for trial, the Stepans cross-complained against Garcia for indemnity and Garcia cross-complained against the Stepans on the same theory of recovery.

The court granted a motion for a bifurcation of the trial of the consolidated actions and the issue of liability was first presented to a jury with the following results: A general verdict in favor of each plaintiff against the estate of John M. Coony, Alfred Stepan and John Stepan; a general verdict in favor of Garcia against each plaintiff; a special verdict finding that John Stepan gave implied permission to John Coony to drive his car on the night of the accident; a special verdict finding that Garcia did not give express or implied permission to John Coony to drive the Stepan car on the night of the accident; a special verdict finding that either John Coony or his wife Barbara Coony was driving the Stepan car at the time of the accident. Judgment was entered on said verdicts but later vacated as to the Stepans pending trial of the issue of damages.