Espe v. Salisbury

DEVINE, P. J.

A left-hand turn accident in which the host driver of one vehicle was a minor, Kirk O. Salisbury, produced: (1) an action by a guest against the driver; (2) an action by the guest against Warren Salisbury, the driver’s father; (3) an action against the driver of the other vehicle. The jury found in favor of the driver of the other vehicle, and there is no appeal from the judgment based on the verdict. Nonsuit was granted in favor of the minor driver and his father. Plaintiff appeals.

Action Against the Minor

Kirk O. Salisbury was 14 years of age at the time of the accident. He had no previous driving experience, except that at one time in the presence of his father and mother he had driven on an airplane landing strip on a private ranch. Before the accident he had never driven on a public street or road. He did not have any type of operator’s license. He had not asked permission to drive. On the day of the accident he took the keys to his father’s car from the father’s dresser. Pie intended to drive back to the house where he had been at a party the night before. Kirk drove the car about 3 miles from his home to the scene of the accident. He picked up plaintiff, Richard Espe, who was 14 years old. Plaintiff, carrying a surfboard, was hitchhiking. This was about a mile from the scene of the accident. As the vehicle approached a cross street, Kirk told the plaintiff that he was going to make a left turn. Kirk testified that he looked but could not see very far beyond

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the cross street. A police officer, however, described the visibility as being unimpaired. A vehicle was approaching from the opposite direction. Its driver, too, testified that there was no obstruction.

Plaintiff did not object to the making of the turn when he was told about it; he did see the other vehicle and turned to speak to Kirk, but could not do so before the accident. The vehicle in which the boys were riding was struck in the right rear as it was proceeding through the turn.

On the journey prior to the accident, Kirk had no trouble except that he ground the gears a bit. Plaintiff testified that the drive up to the time of the left turn “was all right.” The highest rate of speed had been somewhere between 30 and 40 miles an hour. Plaintiff testified that the speed of the Salisbury vehicle was about 5 or 10 miles an hour when he saw the approaching vehicle and it increased to about 10 or 15 miles an hour. An independent witness said the Salisbury vehicle was going slowly. The driver of the other vehicle testified that Kirk was traveling very slowly but increased his speed as he began his turn, so that he increased it from 5 to 30 miles an hour. At her deposition, she had given the accelerated rate as “maybe 20 or 25 miles.” The posted speed limit is 25 miles an hour.