Kostecky

Kostecky v. Henry

Good Law
113 Cal. App. 3d 362·170 Cal. Rptr. 197·1980 Cal. App. LEXIS 2656
Court of Appeal of CaliforniaDecember 16, 1980Civ. 20052California4,944 words

Opinion

Opinion

Tamura, J.

The main issue on this appeal involves the liability of a licensed driver who accompanies a person operating a motor vehicle under an instruction permit. Plaintiff, a minor, brought this action through his guardian ad litem to recover damages for injuries he sustained in an automobile accident involving a vehicle driven by his mother and one driven by a 15-year-old minor with a learner’s permit (defendant David Henry) who was accompanied by his father (defendant Robert Henry).

The accident occurred at the intersection of Grove and Fourth Streets in the City of Ontario. Plaintiff’s mother, accompanied by her two children (plaintiff, then seven weeks old, and his sister) was southbound on Grove intending to continue south on Grove through the intersection. Defendant David Henry, accompanied by his father Robert Henry, was northbound on Grove intending to make a left turn onto Fourth Street. The traffic light for north-south traffic on Grove was green. There was no left turn signal from Grove to Fourth Street. As plaintiff’s mother entered the intersection, defendant David Henry made a left turn into the path of the oncoming vehicle resulting in the collision. Plaintiff…

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