Coffman

Jean K. Coffman appeals from a judgment dismissing her complaint for personal injuries after the court had sustained without leave to amend the demurrer of respondent David Kennedy.

Appellant alleges the following facts in her complaint which, for purposes of this appeal, must be accepted as true: On May 25, 1975, at 6:05 p.m., appellant’s automobile collided with an automobile being driven by one Hughes. Respondent was riding as a passenger in the Hughes vehicle. At the time of the collision Hughes was intoxicated and was speeding. The complaint alleges that Hughes was operating his vehicle in conscious disregard for the safety of others, and that the collision was the proximate result of this conduct of Hughes and of the conduct of Kennedy. It is alleged that Kennedy had served Hughes the alcoholic beverages which had caused Hughes to be intoxicated at. the time of the accident.

Appellant’s first cause of action seeks recovery against Kennedy on a theory of aiding and abetting the wilful misconduct of Hughes. (See generally, Prosser, Law of Torts (4th ed. 1971) § 46, pp. 291-293.) The complaint alleges: “At and for a substantial period of time before the collision…