Government Employees Insurance v. St. Paul Fire & Marine Insurance

This litigation was submitted to the trial court, sitting without a jury, upon the following facts offered by way of stipulation, the depositions of Irvin M. Ryder (hereinafter Ryder), Stanley Charles Plamowski (hereinafter Stanley), Richard Bennett Plamowski (hereinafter Richard), and certain exhibits including the public liability insurance policies issued respectively by the plaintiff and defendant herein.

Richard was 20 years of age on October 6, 1961, the day of the accident out of which this litigation arose. Stanley is the father of Richard. Richard possessed a valid California driver’s license, obtained by his father and mother having signed and verified his application therefor. (Veh. Code, § 17700, et seq.) Richard’s family resided in Lancaster, California, and Richard was a student at Antelope Valley College.

Ryder is the president of Ryder’s Incorporated, a California corporation.

A little over a week before the happening of the accident Richard was employed by Mrs. Dawson, the manager of a store owned and operated by Ryder’s Inc., situated in the City of Lancaster, California. Richard was employed to work as a clerk in the Lancaster store and he was to work daily…