Slater

We consider, and will reject, the contention that the unconstitutionality of the guest statute enunciated by us in Brown v. Merlo (1973) 8 Cal.3d 855 [ 106 Cal.Rptr. 388 , 506 P.2d 212 , 66 A.L.R.3d 505 ] should be given retroactive effect.

Plaintiff, a minor, was injured in an automobile accident in 1969 while riding as a guest in a car driven by defendant John Blackwood and owned by the defendant Escondido Tire Supply Co., Inc. In March 1970 she filed an action for damages, the complaint being framed in Contemplation of the provisions of California’s then existing “guest statute” (Veh. Code, § 17158), which limited recoveiy to death or injuries resulting from intoxication or wilful misconduct. At trial, following plaintiff’s opening statement, the court granted defendants’ motion for nonsuit on the ground that plaintiff’s evidence would not support recoveiy under section 17158. Judgment for defendant was entered pursuant to Code of Civil Procedure section 581c.

Plaintiff appealed contending that the guest statute was unconstitutional and that recovery should be permitted upon a showing of negligence alone. The Court of Appeal rejected this argument and affirmed the…