Wank

Plaintiffs Michael H. Wank and Georgette B. Wank appeal from the judgment and from the denial of their motion for judgment notwithstanding the verdict or in the alternative for a new trial.

Facts

Through this action plaintiffs seek recovery of damages for the injuries they sustained when a car driven by one Walter Appling collided with the car in which they were occupants. On November 19, 1976, Mr. Appling was employed as an attorney for defendant law firm of Richman & Garrett. Beginning at approximately 10 a.m. that day, Mr. Appling attended a meeting in his capacity as cocounsel for a client of that law firm. The meeting ended at approximately 12:30 p.m. and Mr. Appling was invited to lunch by one Mr. Wilson, a representative of the firm’s client. At approximately 1 p.m. Mr. Appling and others who had attended the meeting gathered for lunch at the Beverly Wilshire Hotel.

During the lunch, Mr. Appling had several alcoholic drinks, although he did not recall specifically how many. Between 3:30 and 4 o’clock that after noon, he telephoned his office and spoke to one Mr. Potts, a partner of the law firm, to advise him that he would not be coming back to the office that…