Monday, October 12, 2015

Navarrette v. Meyer (Cal. Ct. App. - June 22, 2015)

It's Columbus Day today.  Or Aboriginal People's Day.  Or whatever.  It's a holiday.  So no published opinions to discuss.

But we can still learn something.  For example:

When you're riding in a car with someone, don't encourage them to go 81 m.p.h. on a residential street with a speed limit of 25 m.p.h.  Sure, it'll be "cool", and perhaps they'll do it to impress you.  Maybe the car will even do some "neat" stuff like fly over hills on the road and "get air."

But when the driver loses control of the vehicle, and strikes a father putting his child into a car seat, severing his legs and killing him, guess what?  You may well be liable.  Even though it was the driver who actually agreed to drive so fast.  You may have tortiously aided and abetted him by encouraging him to engage in an exhibition of speed.

So holds the Court of Appeal.  Reversing the grant of summary judgment below.