Solloway v. Watts

WOOD (W. J.), J. Plaintiff commenced this action to recover for injuries which he suffered when the automobile in which he was riding collided with an automobile driven by defendant. The action was tried before the court without a jury and a judgment was entered in favor of defendant, from which the present appeal is prosecuted.

At the time of the accident, July 29, 1941, plaintiff was employed as a business representative for a labor union the office of which is located at 206 East Fourth Street, Long Beach. Plaintiff is a resident of Los Angeles. Before the accident he borrowed an automobile from his brother-in-law and drove from Los Angeles to Belmont Shore in Long Beach, which is the easterly extension of East Second Street. At Belmont Shore plaintiff made a business call in the interest [597]of his union. His son, Sheldon Solloway, twenty years of age, accompanied him. When plaintiff returned to the automobile after finishing his business at Belmont Shore he found that his son, who had remained in the automobile, had taken the driver’s seat. The evening before the son had requested of plaintiff permission to use the automobile to look for a job in San Pedro and it was arranged that after the completion of plaintiff’s business the son might use the ear on business of his own. From Belmont Shore Sheldon Solloway drove the automobile toward plaintiff’s office at 206 East Fourth Street, which is on the road from Belmont Shore to San Pedro. The accident in question occurred while the automobile was being driven from Belmont Shore to plaintiff’s office.

It is established beyond question that at the time of the accident the automobile was being driven by the minor son of plaintiff and with the latter’s permission. The trial court found that Sheldon Solloway was guilty of negligence which contributed to the collision and plaintiff’s injuries. Under the circumstances the negligence of the minor son was imputable to plaintiff and bars his recovery. Section 352 subdivision (b) of the Vehicle Code provides: “Any negligence or wilful misconduct of a minor whether licensed or not under this code in driving a motor vehicle upon a highway with the express or implied permission of the parents or the person or guardian having custody of the minor shall be imputed to such parents or such person or guardian for all purposes of civil damages and such parents or such person or guardian shall be jointly and severally liable with such minor for any damages proximately resulting from such negligence or wilful misconduct.” The imputation of negligence to a parent is not limited to actions of third persons against the parent but it extends to actions in which the parent seeks redress and damages. The imputation extends to all cases where the rights and obligations of parents are invoked in civil actions for damages. Such was the holding in Milgate v. Wraith, 19 Cal.2d 297 [121 P.2d 10], where the negligence of a person using an automobile with permission of the owner was involved and where under a code provision similar to the one above quoted the obligations of the owner were determined.