Riley v. Berkeley Motors Inc.

THE COURT.

An action to recover damages for personal injuries alleged to have been caused by defendants’ negligence. The jury returned a verdict for the plaintiff, and from the judgment entered thereon defendants have appealed.

Defendant Jones was a salesman in the employ of the defendant corporation, which was a dealer in automobiles. On the date of the accident defendant Jones invited plaintiff to ride in an automobile owned by the corporation, his object being to induce her to purchase the same. Plaintiff alleged and testified that she was wholly without experience in the operation of automobiles, and the salesman admitted that he agreed to instruct her with respect to its operation. At his suggestion she attempted to drive, and he at the same time undertook to direct the operation of the car. In attempting to turn at an intersection the car overturned and plaintiff ■was injured.

In approaching the turn the car was traveling between thirty and forty miles an hour, and plaintiff testified that the salesman had instructed her to make the turn, but did nothing to reduce the speed, and that she was not sufficiently familiar with the manner of operation to do the acts necessary to make the turn in safety. The testimony as to what was said and done by the salesman at the time is conflicting, but there is sufficient to support the conclusion that he was wanting in the degree of care which a prudent man would have exercised in the circumstances.

Defendants contend that the plaintiff as a volunteer student driver lacking ordinary skill was responsible for her own injuries; further that the speed at which the car was

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traveling exceeded that permitted by law, and that plaintiff’s failure to ascertain the method of operating a car before attempting to do so were facts constituting contributory negligence, and bar a recovery.

It has been held that a prospective purchaser .of an automobile, who is injured while riding with a dealer who is demonstrating the car for the purpose of making a sale, is not a guest as the term is defined by section 141% of the California Vehicle Act, but occupies the situation of a passenger for hire

(Crawford