Maloney

I dissent. I would affirm the judgment for the reasons expressed by Mr. Presiding Justice Molinari in. the opinion prepared by him for the Court of Appeal in Maloney v. Rath (Cal.App.) 65 Cal.Rptr. 386 .

Plaintiff brought this action to recover damages for injuries to her person and property incurred in an automobile accident. She appeals from an adverse judgment and from an order denying her motion for judgment notwithstanding the verdict on the issue of liability.

*444 Plaintiff stopped her car in a left-turn lane to wait for a traffic signal to change. Defendant turned into the left-turn lane behind plaintiff and stepped on her brake pedal. Defendant ’s brakes failed, and a collision ensued.

Defendant neither knew nor had reason to know that her brakes were defective until they failed. The failure was caused by a rupture in a hydraulic hose that gave no warning to defendant of its impending occurrence. Defendant had the brakes completely overhauled by Peter Evanchik of Pete’s Chevron Station about three months before the accident. Later, about two weeks before the accident, the car was involved in another collision, and defendant’s husband had Evanchik inspect and repair it. Nothing was done to the brakes at that time. Defendant’s expert witness testified that the brakes failed because of a hole in the hydraulic hose that was caused by rubbing of the hose against the right…