Lemos

These three actions consist of a personal injury action and two wrongful death actions, all arising out of the same accident. The three matters were consolidated for the purpose of trial. The principal issues on this appeal arise by reason of comparative fault and partial indemnity guidelines enunciated in the seminal cases of Li v. Yellow Cab Co. (1975) 13 Cal.3d 804 [ 119 Cal.Rptr. 858 , 532 P.2d 1226 , 78 A.L.R.3d 393 ] and American Motorcycle Assn. v. Superior Court (1978) 20 Cal.3d 578 [ 146 Cal.Rptr. 182 , 578 P.2d 899 ]. The cases were tried in the post-Li pre-American Motorcycle milieu and were pending on appeal to this court when American Motorcycle came down.

These cases stem from an off-highway motorcycle accident which occurred on private property of Modesto Irrigation District. Ernest Harding, deceased, aged 15 years, was operating a motorcycle upon which Wade Wroten, deceased, aged 16 years, and Richard Lemos, aged 18 years, were passengers. Involved in the occurrence were three other motorcycles operated by defendants Matt Kellstrom, John Eichel and Allen Lionudakis.

Plaintiffs George W. Harding and Doris J. Harding, parents of deceased Ernest Harding,…