Arnold v. Bernay

DRAPEAU, J. Plaintiff sued defendants to recover damages for personal injuries sustained by her on March 15, 1947, while walking across the intersection of Pico and Centinela Boulevards in the city of Santa Monica, when she was struck by an automobile being driven by defendant Glenn L. Caskey.

At the conclusion of the trial the court found that at the time of the accident, defendant Eric Bernay was the owner of the car involved, a 1941 Chrysler sedan bearing 1946 New York State license No. 5EB; that at the same time, defendant Harry G. Brown, a minor, was the bailee of the automobile with the consent and permission of its owner, Eric Bernay; and that defendant Glenn L. Caskey was driving it with the [615]knowledge, permission and consent of said bailee and in his presence.

Judgment was rendered in favor of plaintiff for (a) $10,123 against Glenn L. Caskey; and (b) $5,000 against defendants Harry G. Brown, Ina F. Caskey and Brie Bernay, the latter’s liability, as owner, for the payment of the judgment being limited to $5,000 under section 402 of the Vehicle Code.

Defendant Brie Bernay alone appeals from that portion of the judgment directed against him, urging that by the following specific acts he had divested himself of ownership of the automobile and was therefore protected from the statutory liability imposed by section 402 of the Vehicle Code for injuries sustained by respondent:

1. Actual notice of the transfer to Department of Motor Vehicles;

2. Surrender of possession of the automobile;

3. Delivery of an endorsed certificate of ownership (the pink slip).

It appears from the record that appellant Bernay, who was a resident of New York State, departed from California early in February of 1947, leaving the 1941 Chrysler in the hands of Bdward H. Laguna with authority to sell it. Thereafter Laguna left the car with Glenn M. Frink at the latter’s service station in Inglewood. On February 26th, Bernay executed and forwarded to Laguna a bill of sale transferring the automobile to Frink, and also forwarded the New York registration certificate endorsed in blank. Laguna immediately delivered these documents to Frink.

On March 5, 1947, Frink and Harry G. Brown visited the Los Angeles office of the Department of Motor Vehicles, when the department issued Verification of Vehicle, and demanded that a bill of sale be obtained from the original owner of the Chrysler, i.e., Royal Motors Company, a New York new-car dealer. On this same date, Frink delivered the car to Harry G. Brown, accepting a down payment of $400 for which he issued a receipt. On March 13th or 14th, Laguna received the bill of sale from Royal Motors Company to Bernay, which he delivered to Frink.