Bettencourt

The defendant Oliveria has appealed from a judgment of $2,163.50 which was rendered in an automobile casualty case jointly against him and his co-defendant John Carvalho for personal injuries sustained by Virgil Bettencourt, a minor, while riding with the appellant in his truck. A collision of the respective machines which were operated by the two defendants occurred at the intersection of the Crows Landing Road and the River Road in Stanislaus County. The cause was tried by the court sitting without a jury. Both defendants were held to be guilty of gross concurrent negligence. Carvalho has not appealed. The appellant contends the evidence does not support the findings and judgment to the effect that he was guilty of gross negligence.

We are of the opinion the evidence sufficiently supports the findings and judgment that the appellant was guilty of gross negligence which proximately contributed to the injuries sustained by the minor child, Virgil Bettencourt. We may assume he was riding with the appellant as his guest. The evidence is conflicting, but there is substantial proof of the following facts: Crows Landing Road is a main traveled paved highway extending approximately…