Whitehill

This is an appeal from a judgment of non-suit entered at the close of plaintiffs’ case in a wrongful death action arising out of an automobile accident. The trial court concluded that the cause of action was barred by the California “guest statute” (Veh. Code, § 17158) as a matter of law. We have reviewed the record and find that, on the evidence presented, the decedents were not guests in the vehicle in which they were riding, and therefore reverse the judgment.

The plaintiffs in the action are Fred Whitehill and his son Michael. They sue for the wrongful death of Patricia White-hill and her daughter Susan. Fred and Patricia were husband and wife, and Michael and Susan their children. Patricia and Susan met death while riding in a vehicle owned by Fred and driven by the defendant Willard Strickland, Fred’s stepfather. Fred was not in the vehicle when the accident occurred.

The facts are not in dispute. Fred Whitehill owned the vehicle involved in the accident. He bought it before his marriage to Patricia. It was registered in his name alone, although it was used by him and his wife and the children as a family car.

Patricia and her children planned to visit Patricia’s sister…