Stacey v. Amey

STONE, J. Plaintiff appeals from an adverse judgment entered pursuant to a defense verdict in an action for personal injuries, based upon the contention that plaintiff was a passenger, rather than a guest, in defendant Amey’s pickup when it was involved in an accident while being driven by defendant McCallister.

Plaintiff accompanied defendant McCallister on a pleasure trip from Chowehilla to defendant Amey’s house near Fresno. Upon arriving, plaintiff went inside the house and watched television until defendant McCallister came in and asked if she wanted to go to a store and get some watermelons. Plaintiff replied that she did, and they both went outside and got into defendant Amey’s 1963 Falcon pickup truck.

Amey was in the hay hauling business and his employees were hauling hay from a field some 2 miles beyond the stand where plaintiff and defendant McCallister were going for watermelons. As they were about to leave, Amey asked them to go by the field and have an employee send weight and bale counts. They did not understand him, so plaintiff asked what he had said, and he repeated the request. The two girls, defendant McCallister driving, proceeded some 2 miles south to a watermelon stand and purchased two melons. They then drove another 2 miles south and a half mile west to the hayfield. Amey’s employees were not there, and the two girls commenced the return trip to defendant Amey’s house.

Defendant McCallister drove through a stop sign at an intersection approximately 1 mile south of the melon stand, [628]and struck a car. Plaintiff suffered injuries, and brought this action against defendant McCallister as driver and defendant Amey as owner of the pickup.

Plaintiff first contends the undisputed facts disclose that she was on an errand for defendant Amey and therefore as a matter of law was a passenger in his truck, and that this is the only reasonable conclusion that can be reached. However, the evidence was conflicting as to the motivating influence for her being in the vehicle. Por example, plaintiff testified: “I was riding along with Ella to the watermelon stand and as far as going to the field, as far as my knowing, I was going to deliver the message to Nimrod for Leslie. As far as I know, I didn’t have any other reason for being there—to be at the field.” At another point, in answer to the question, “When you drove with Ella to the field, after you had gotten your watermelon, you were driving along with her because she was your friend and you were riding along with friendship in mind and as a companion with her, isn’t that correct,” she answered, “Yes.”