Walker

Walker v. Belvedere

Good Law
16 Cal. App. 4th 1663·1993 Cal. App. LEXIS 708·20 Cal. Rptr. 2d 773·93 Daily Journal DAR 8605·93 Cal. Daily Op. Serv. 5194
Court of Appeal of CaliforniaJuly 1, 1993B068125California2,599 words

Opinion

Opinion

Ortega, J.

We find that plaintiff Patricia A. Walker was entitled to entry of a $15,000 judgment against defendant Michelle Belvedere pursuant to statutory liability imposed by the Vehicle Code. We reverse that part of the judgment denying Walker such relief.

Background

In February of 1987, Belvedere and Sydney Jane Allen lived together and were co-owners of the automobile involved in the accident which injured Walker. According to Walker’s complaint, Belvedere and Allen spent the evening drinking then decided to harass a woman Allen had been enjoined by court order from contacting. Belvedere, who did not like to drive at night, asked Allen to drive even though Allen was intoxicated. On their way to the woman’s home, Allen was involved in a hit-and-run accident. While fleeing the scene, Allen ran a red light at high speed and broadsided Walker’s car, severely injuring her. Walker, a registered nurse, was on her way to work.

Allen died in 1988, so her estate defended the lawsuit. Walker brought two causes of action, negligent operation of the vehicle and negligent entrustment by Belvedere. Allen’s negligence was admitted, so the jury was asked to decide only the negligent…

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