Devins

The question presented is whether the trial court erred in rendering a summary judgment in favor of the defendant Hong pursuant to its determination that there was no issue of fact to be tried as between the plaintiff and that defendant. For reasons which will be stated we have reached the conclusion that the judgment must be reversed.

In his complaint the plaintiff Devins alleged that he sustained personal injuries while riding as a passenger for consideration in an automobile driven by the defendant Hong which collided with an automobile operated by the defendant Hopper. He further alleged that the negligence of the defendants proximately caused his injuries. In addition to a denial of those allegations, the defendant Hong pleaded several defenses, one of which was as follows: “This action is barred in that as to this answering defendant, the court lacks jurisdiction, this matter properly falling within the jurisdiction of the Industrial Accident Commission.” Another defense was stated in the following language: “That plaintiff is barred from recovery herein by the provisions of Vehicle Code section 17158. ”

In the notice of the defendant Hong’s motion for summary judgment…