Chappell

Chappell v. Palmer

Good Law
10 Cal. App. 3d 71·1970 Cal. App. LEXIS 1819·88 Cal. Rptr. 710
Court of Appeal of CaliforniaJuly 30, 1970Civ. 1158California1,298 words

Opinion

Opinion

Ginsburg, J.

This is an appeal from an adverse jury verdict in an action brought by appellant, a passenger in an automobile, against respondents, the minor driver and his parents. A previous trial resulted in a nonsuit, which was reversed on appeal (Chappell v. Palmer, 236 Cal.App.2d 34 [ 45 Cal.Rptr. 686 ]).

Appellant raises in this appeal the sole issue of the propriety of the instructions given the jury concerning the meaning of the term “wilful misconduct.” Respondents contend that there was no error in the instructions, and raise as an additional issue the claim that the record submitted is insufficient to determine whether the error complained of, if any, resulted in a miscarriage of justice.

The questioned instructions are numbered 15 and 16 (submitted by respondents), and 18 and 20 (submitted by appellant), and read as follow»:

“Instruction No. 15. Wilful misconduct,’ as the term is used in these instructions, means intentional, wrongful conduct, done either with knowledge that serious injury to the guest probably will result, or with a wanton and reckless disregard of the possible results.”

“Instruction No. 16. You will note from the foregoing that although wilful…

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