Hertz Corp. v. Pippin

Opinion

THOMPSON, J.

In the case at bench, we consider an issue certified to us by the Appellate Department of the Los Angeles Superior Court as: “Since the amendment of section 17150 of the Vehicle Code in 1967, may the owner of a rented automobile damaged by the concurrent negligence of the hirer and the driver of another vehicle recover from the latter?” As did the appellate department, we answer that question in the affirmative. Accordingly, we reverse the judgment of the municipal court from which this appeal is taken and remand the cause for determination of the amount of appellant’s damages. (Rule 62(a), Cal. Rules of Court.)

An engrossed statement on appeal establishes the facts of the case at

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bench. On January 4, 1971, an automobile owned and driven by respondent collided with one driven by John Wetzel and rented to him by appellant. Appellant filed its action'in the municipal court to recover damage to its vehicle and respondent cross-complained for personal injury and property damage. In findings not contested on this appeal, the municipal court determined that respondent was negligent and that his negligence was a proximate cause of damage to appellant’s vehicle. It found also that Wetzel was contributorily negligent and that his negligence was also a proximate cause of the accident. The trial court concluded that neither party was entitled to recover. Appellant appealed from the resulting judgment.

Appellant contends, as it did before the trial court and appellate department, that an “innocent” bailor is not precluded from recovery of damages to its vehicle by the negligence of its bailee which contributed to damage caused by a third party defendant. That contention is supported by the common law and both the language and statutory history of Vehicle Code section 17150.

At common law and absent a statute, “a plaintiff is not barred from recovery by the negligent act or omission of a third person” absent some special relationship with that third person. (Rest. 2d Torts, § 485.) A bailor and bailee are not in such a- special relationship that the bailee’s negligence bars the bailor from recovery for harm to the bailed chattel. (Rest. 2d Torts, § 489.)