Kelley

August 14, 1964, defendant Robert W. Von Kuznick was driving an automobile owned by his employer defendant Arrow Chevrolet along a highway in New Mexico. In the car with him were his wife Fern and her daughter by a prior marriage, Cheryl Lynn Kelley, the plaintiff. They were returning from a Colorado vacation to their home in South Gate, California. The employer’s place of business was in California. New Mexico’s only concern with this litigation is that its highway engineers designed the 45 degree curve which Von Kuznick failed to negotiate at a speed between 70 and 80 miles per hour. The car overturned and Fern was killed. Cheryl Lynn, by her natural father as guardian ad litem, sued for her mother’s wrongful death. A jury awarded her $35,000 against Von Kuznick and $5,000 against Arrow Chevrolet. Both defendants appeal.

There are three claims of error: 1. that the trial court erroneously refused to instruct the jury on the standard of care owed to guests under the New Mexico guest statute, which standard is claimed to be more lenient to hosts than California’s; 2. that by any standard the evidence does not support a finding of liability; and 3. that it was prejudicial…