Leskovics v. Wilson

McCABE, P. J. Plaintiff brought this action against the estate of Robert Wilson, deceased, for damages for personal injuries sustained by a guest in a head-on automobile collision.

On Friday, May 10, 1963, at about 5 p.m., plaintiff, accompanied by Mrs. Lund and Mrs. Peifer, left Barstow,' California, for Las Vegas, Nevada, in plaintiff’s car with plaintiff driving. Car trouble developed along the way, and the three ladies stopped at Baker. They entered a restaurant in Baker and discussed whether they should return to Barstow or take the bus to Las Vegas. Before a decision had been reached, the deceased arrived and was introduced to Mrs. Lund by Mrs Peifer. Plaintiff was already acquainted with the deceased. The decedent, who stated that he was on his way to Lake Mead to fish, offered to take the ladies to Las Vegas. This offer was accepted and plaintiff’s car was left in Baker.

The party of four arrived in downtown Las Vegas at approximately midnight. They proceeded to gamble and drink at various establishments until 5 a.m., when they had breakfast. The decedent attempted to make arrangements for the renting of a motel room, but due to the fact that there were only two beds for the three women and the decedent, the motel room was not rented.

The parties continued to gamble until 4:30 p.m., May 11, when they left the downtown area of Las Vegas and started for home. At Mrs. Peifer’s request, they stopped at the Hacienda, a casino on the “strip,” so that she could use the restroom. The decedent and Mrs. Peifer started gambling again. Plaintiff slept for a while in the lobby of the Hacienda. Mrs. Lund checked on the bus schedules and ascertained that the next bus would not leave for four hours. Plaintiff, and Mrs. Lund told the deceased they wanted to go home, but the decedent and Mrs. Peifer did not want to leave. The decedent said he would take plaintiff and Mrs. Lund to plaintiff’s ear at Baker, then he and Mrs. Peifer would return to Las Vegas.

The group left the Hacienda driving in a westerly direction toward Baker with the decedent driving. Plaintiff told the decedent she would like to drive inasmuch as she had slept, but the decedent did not allow her to drive. He said he was all right, and if he got sleepy, he would let her know, and she could drive.

[109]While the decedent was in the city limits, his driving was good. After leaving the “strip” and reaching the highway, however, he drove very fast. Both plaintiff and Mrs. Lund asked him to slow down, but he did not slow down. He occasionally drove on the wrong side of the road and off the road. Plaintiff asked him several times to allow her to drive. Plaintiff requested Mrs. Peifer to ask the decedent if she could drive. Plaintiff also asked him to stop the car rather than drive facing the sun. He refused to stop or allow plaintiff to drive, but said that he would like Mrs. Peifer to talk to him.