Daly

*730 Opinion

The most important of several problems which we consider is whether the principles of comparative negligence expressed by us in Li v. Yellow Cab Co. (1975) 13 Cal.3d 804 [ 119 Cal.Rptr. 858 , 532 P.2d 1226 , 78 A.L.R.3d 393 ], apply to actions founded on strict products liability. We will conclude that they do. We also inquire whether evidence of “compensating” safety devices installed in a motor vehicle by its manufacturer is admissible to offset alleged design deficiencies, and whether, under the particular facts herein, evidence of a driver’s claimed intoxication or of his asserted failure to use his vehicle’s safety equipment may be considered. While agreeing that evidence of compensating design characteristics is admissible, we will further determine that under the circumstances herein prejudicial error requiring reversal occurred upon the admission of evidence of the decedent’s alleged intoxication and failure to use safety devices in his vehicle.

The Facts And The Trial

Although there were no eyewitnesses, the parties agree, generally, on the reconstruction of the accident in question. In the early hours of October 31, 1970, decedent Kirk Daly, a 36-year-old…

I dissent.

This will be remembered as the dark day when this court, which heroically took the lead in originating the doctrine of products liability (Greenman v. Yuba Power Products, Inc. (1963) 59 Cal.2d 57 [ 27 Cal.Rptr. 697 , 377 P.2d 897 , 13 A.L.R.3d 1049 ]) and steadfastly resisted efforts to inject concepts of negligence into the newly designed tort (Cronin v. J. B. E. Olson Corp. (1972) 8 Cal.3d 121 [ 104 Cal.Rptr. 433 , 501 P.2d 1153 ]), inexplicably turned 180 degrees and beat a hasty retreat almost back to square one. The pure concept of products liability so pridefully fashioned and nurtured by this court for the past decade and a half is reduced to a shambles.

The majority inject a foreign object—the tort of negligence—into the tort of products liability by the simple expedient of calling negligence something else: on some pages their opinion speaks of “comparative fault,” on others reference is to “comparative principles,” and elsewhere the term “equitable apportionment” is employed, although this is clearly not a proceeding in equity. But a rose is a rose and negligence is negligence; thus the majority find that despite semantic camouflage they must rely on Li v.…

I concur in part and dissent in part.

I agree with the majority’s result that the judgment should be reversed because of the prejudicial error in admitting evidence of decedent’s *751 intoxication and of his failure to use available safety devices. Otherwise, I part company with the majority’s views.

The majority takes the position that, since Li v. Yellow Cab Co. (1975) 13 Cal.3d 804 [ 119 Cal.Rptr. 858 , 532 P.2d 1226 , 78 A.L.R.3d 393 ], adopted the doctrine of comparative negligence in tort actions founded on negligence, principles of justice, fairness and equity dictate an extension of comparative principles to tort actions founded on strict liability, introduced in Greenman v. Yuba Power Products, Inc. (1963) 59 Cal.2d 57 [ 27 Cal.Rptr. 697 , 377 P.2d 897 , 13 A.L.R.3d 1049 ]. The majority, however, does not consider it significant that it is unable to determine what labels should be given to the new comparative principles—whether the new doctrine should be known as comparative fault, equitable apportionment of loss, or equitable allocation of loss. This inability to give the new doctrine an appropriate label is some indication of the shaky ground upon which the majority…

Acret & Perrochet, Archbald, Zelezney & Spray, Brill, Hunt, DeBuys & Burby, Carroll, Burdick & McDonough, J.D. Burdick, Chase, Rotchford, Drukker & Bogust, Cummins, White & Breidenbach, Dryden, Harrington & Swartz, Stephen J. Grogan, Hillsinger & Costanzo, John J. Costanzo, Holt, Rhodes & Hollywood, Lynberg & Mills, Morgan, Wenzel & McNicholas, Murchison & Cumming, Ruston, Nance, McCormick & DiCaro, Schell & Delamer, Shield & Smith, Theodore P. Shield and Wilson, Borrer & Dunn as Amici Curiae on behalf of Defendants and Respondents.

OPINION

RICHARDSON, J.

The most important of several problems which we consider is whether the principles of comparative negligence expressed by us in Li v. Yellow Cab Co. (1975) 13 Cal.3d 804 [ 119 Cal. Rptr. 858 , 532 P.2d 1226 , 78 A.L.R.3d 393 ], apply to actions founded on strict products liability. We will conclude that they do. We also inquire whether evidence of "compensating" safety devices installed in a motor vehicle by its manufacturer is admissible to offset alleged design deficiencies, and whether, under the particular facts herein, evidence of a driver's claimed intoxication or of his asserted failure to use his vehicle's safety…