Joslyn

This is a tort action wherein the plaintiffs sought to recover damages for the alleged wrongful death of their 19-year-old son, who was killed when a sports car in which he was riding, being driven by the defendant, collided with a freeway fence. The plaintiffs proceeded on two theories: (1) Their son was a passenger at the time of the accident and the defendant was negligent in the operation of the car; and (2) their son was a guest at the time of the accident and the defendant was guilty of willful misconduct in driving and managing the car.

This appeal is from a judgment entered upon a directed verdict in favor of defendant. In directing the jury to return a verdict in defendant’s behalf, the trial court ruled, in effect, that the decedent was a guest as a matter of law and that there was no evidence of willful misconduct.

The defendant, Ronald Glen Callison, the decedent, George Joslyn, and another youngster, James Dark, were close friends, residing in the Ontario-Pomona area. On several occasions, the three had discussed the prospects of joining a naval reserve unit. Dark had received information indicating that the Long Beach naval unit had a large quota and that…