Whitehill v. Strickland

SALSMAN, J.

This is an appeal from a judgment of non-suit entered at the close of plaintiffs’ case in a wrongful death action arising out of an automobile accident. The trial court concluded that the cause of action was barred by the California “guest statute” (Veh. Code, § 17158) as a matter of law. We have reviewed the record and find that, on the evidence presented, the decedents were not guests in the vehicle in which they were riding, and therefore reverse the judgment.

[839]

The plaintiffs in the action are Fred Whitehill and his son Michael. They sue for the wrongful death of Patricia White-hill and her daughter Susan. Fred and Patricia were husband and wife, and Michael and Susan their children. Patricia and Susan met death while riding in a vehicle owned by Fred and driven by the defendant Willard Strickland, Fred’s stepfather. Fred was not in the vehicle when the accident occurred.

The facts are not in dispute. Fred Whitehill owned the vehicle involved in the accident. He bought it before his marriage to Patricia. It was registered in his name alone, although it was used by him and his wife and the children as a family car.

Patricia and her children planned to visit Patricia’s sister at Sherman Oaks, near Los Angeles. Patricia discussed the proposed visit with the defendant. The defendant’s son resided in Biverside, some 50 miles east of Sherman Oaks. Patricia and the defendant planned to drive from San Francisco through San Bernardino to Biverside, where the defendant was to be let off, then Patricia was to drive on to Sherman Oaks. On the return trip, Patricia was to drive to Biverside, pick up the defendant, then drive back to San Francisco. The defendant testified that he went along on the trip at Patricia’s suggestion, to help with the driving. With his assistance, the trip could be made in one day, and it would not be necessary to stop overnight at a motel with the children.

When the defendant, Patricia and her children left San Francisco in the Whitehill car, the defendant was driving. At Coyote, in Santa Clara County, while the defendant was at the wheel, the car crossed the center line of the highway and collided head-on with another vehicle. Patricia and Susan were killed; Michael and the defendant survived.