Joseph C. Plyler v. Wheaton Van Lines, an Indiana Corporation and Raymond G. Hutton

Before California adopted the comparative negligence principle in Li v. Yellow Cab Co., 13 Cal.3d 804 , 119 Cal.Rptr. 858 , 532 P.2d 1226 (1975), the state rule was that a plaintiff’s contributory negligence did not bar or diminish recovery if the defendant was guilty of wanton and wilful misconduct. The sole question here is whether, under California law, the comparative negligence doctrine superseded the wanton and wilful misconduct rule. Our interpretation of California law is that the wanton and wilful misconduct rule was superseded, and that after Li v. Yellow Cab Co. it was no longer the applicable law of the state. Accordingly, we remand for apportionment of damages based on comparative negligence, without reference to aggravated misconduct.

This diversity action began when Hutton, a driver for appellant Wheaton Van Lines, attempted to make a U-turn in a moving van by crossing the center median of a divided highway in heavy fog. In so doing, he caused a twelve car collision. Appellee Plyler was driving the eleventh car and was traveling at excessive speed. He also failed to apply his brakes.

The jury found both Hutton and Plyler negligent; it apportioned fault 80 percent…