Stacey

Plaintiff appeals from an adverse judgment entered pursuant to a defense verdict in an action for personal injuries, based upon the contention that plaintiff was a passenger, rather than a guest, in defendant Amey’s pickup when it was involved in an accident while being driven by defendant McCallister.

Plaintiff accompanied defendant McCallister on a pleasure trip from Chowehilla to defendant Amey’s house near Fresno. Upon arriving, plaintiff went inside the house and watched television until defendant McCallister came in and asked if she wanted to go to a store and get some watermelons. Plaintiff replied that she did, and they both went outside and got into defendant Amey’s 1963 Falcon pickup truck.

Amey was in the hay hauling business and his employees were hauling hay from a field some 2 miles beyond the stand where plaintiff and defendant McCallister were going for watermelons. As they were about to leave, Amey asked them to go by the field and have an employee send weight and bale counts. They did not understand him, so plaintiff asked what he had said, and he repeated the request. The two girls, defendant McCallister driving, proceeded some 2 miles south to a watermelon…