Schreefel

Phillip Carel Schreefel appeals the judgment rendered in his favor, contending the jury was not allowed to consider punitive damages for alleged wilful misconduct, and Joseph William Okuly and the Atchison, Topeka and Santa Fe Railway Company (jointly, Railroad) cross-appeal, contending admiralty law should not have been applied to allow the claim of Schreefel’s employer, National Steel and Shipbuilding Company (NASSCO), for contribution toward benefits paid to the employee.

*821 Schreefel, a maritime employee of NASSCO, was injured when his car was struck by a train operated by the Santa Fe engine foreman, Okuly, and his fireman, Terrence Durkin. The accident occurred during NASSCO’s normal shift change, on a railroad crossing which traversed a driveway customarily used by NASSCO employees to leave the employer’s parking lot at Harbor Drive. At the time of the accident the traffic flow at the railroad crossing was congested with bumper-to-bumper traffic. The crossing was uncontrolled and allowed vehicles to become trapped when forward vehicles were stopped by the traffic signal at the exit onto Harbor Drive and following vehicles had moved up to prevent a retreat.…

I dissent from that part of the majority opinion which upholds the trial court’s refusing to permit Schreefel’s *829 claim for punitive damages to be decided by the jury. The trial court’s refusal to instruct the jury on punitive damages after the close of evidence effectively nonsuited Schreefel and the decision must be upheld or overturned on the well settled principles applicable to nonsuit. “A motion for nonsuit may properly be granted ‘ . . . when, and only when, disregarding conflicting evidence, and giving to plaintiff’s evidence all the value to which it is legally entitled, indulging in every legitimate inference which may be drawn from that evidence, the result is a determination that there is no evidence of sufficient substantiality to support a verdict in favor of the plaintiff. ’ (Card v. Boms, 210 Cal. 200, 202 [ 291 P. 190 ]; see also Blumberg v. M. & T. Inc., 34 Cal.2d 226, 229 [ 209 P.2d 1 ]; Golceff v. Sugarmann, 36 Cal.2d 152, 153 [ 222 P.2d 665 ].)” (Palmquist v. Mercer (1954) 43 Cal.2d 92, 95 [ 272 P. 26 ].)

Exemplary damages may be awarded when one acts in conscious disregard of the safety of others. (Civ. Code, § 3294.) The court prejudicially erred in…

Schall, Boudreau & Gore and Robert D. Woods for Intervener and Respondents.

OPINION

COLOGNE, J.

Phillip Carel Schreefel appeals the judgment rendered in his favor, contending the jury was not allowed to consider punitive damages for alleged wilful misconduct, and Joseph William Okuly and the Atchison, Topeka and Santa Fe Railway Company (jointly, Railroad) cross-appeal, contending admiralty law should not have been applied to allow the claim of Schreefel's employer, National Steel and Shipbuilding Company (NASSCO), for contribution toward benefits paid to the employee.

Schreefel, a maritime employee of NASSCO, was injured when his car was struck by a train operated by the Santa Fe engine foreman, Okuly, and his fireman, Terrence Durkin. The accident occurred during NASSCO's normal shift change, on a railroad crossing which traversed a driveway customarily used by NASSCO employees to leave the employer's parking lot at Harbor Drive. At the time of the accident the traffic flow at the railroad crossing was congested with bumper-to-bumper traffic. The crossing was uncontrolled and allowed vehicles to become trapped when forward vehicles were stopped by the traffic signal at the…