Pittman

While there are two codefendants, Lawrence Boiven and W. J. Boiven, the latter’s liability is derivative only and by reason thereof reference will be made only to the primary defendant in considering the appeal.

Shortly before midnight plaintiff finished her shift as a waitress and accompanied by a fellow-worker, Martha, visited the Flamingo night club on Los Angeles Street, in Anaheim, California, for the purpose of viewing a dance contest known as the “twist.” The two ladies remained at the club until 1-1:30 a.m., during which time Martha enjoyed some mixed drinks. During the course of the show, the two girls met a male friend of Martha’s and it was suggested that the two ladies meet him for late coffee at a restaurant which was also located on Los Angeles Street several miles north of the night club. The two ladies left the club together with Martha driving her model 1955 Ford and plaintiff occupying the right front seat.

The defendant, with a male friend, had been a patron of the night club while the two ladies were in attendance. During- a period of 1½ hours, defendant had been “partaking of alcoholic beverages ’ ’ while viewing the dance contest. The defendant and his…