Sorensen

Appellant-defendant appeals a judgment rendered against him after a jury trial in an action arising out of an automobile accident. Both wilful misconduct on the part of defendant and contributory negligence on the part of plaintiff Jessie Sorensen were pled and the issues were tried in the light of the doctrine of comparative negligence adopted in Li v. Yellow Cab Co. (1975) 13 Cal.3d 804 [ 119 Cal.Rptr. 858 , 532 P.2d 1226 , 78 A.L.R.3d 393 ] (hereinafter Li). The jury by appropriate special interrogatories found that defendant was guilty of wilful misconduct and that his negligence was apportioned at 55 percent as against the negligence of plaintiff apportioned at 45 percent. The trial court, relying expressly on Kindt v. Kauffman (1976) 57 Cal.App.3d 845 [ 129 Cal.Rptr. 603 ], ruled that wilful misconduct on the part of defendant made the doctrine of comparative negligence inapplicable and entered judgment for the plaintiffs as to 100 percent of their damages. No issue is raised as to the amount of damages found as to all parties.

The case herein, unlike previous cases decided by appellate courts since Li, presents the basic issue—whether a finding of wilful…