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131 Cal. App. 2d 730

281 P.2d 263

Reese v. Day

California Court of Appeal

Decided March 23, 1955

California Court of Appeal · decided 1955-03-23

Relies on Meek v. Fowler · Wright v. Sellers · 33 Cal. App. 2d 591 - Hoffart v. Southern Pacific Co.

Good law ✅— No negative treatment on recordhow we know

Decided 1955-03-23

How this case has been cited

Cited by 8 later decisions — most recently November 2009

8 state decisions

40195519601970198019902000decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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DOOLING, J.

¶1I concur in the order reversing the judgment as to Komstheoft. I dissent from the order affirming the judgment as to Day. The evidence, including the tire marks left on the highway by the automobile driven by Day, would support a finding that Day in broad daylight with the approaching automobile driven by Komstheoft in full view turned rather sharply across the path of the Komstheoft vehicle at a time when it was obviously impossible to avoid being struck by it. If the jury found these facts, as it reasonably could from the evidence, they would satisfy the definition of wilful misconduct: “the intentional doing of something either with a knowledge that serious injury is a probable (as distinguished from a possible) result, or the intentional doing of an act with a wanton and reckless disregard of its possible result.” (Meek v. Fowler, 3 Cal.2d 420, 426 [45 P.2d 194].)

¶2The jury could certainly infer from the circumstances that Day’s conduct was intentional. (Wright v. Sellers, 25 Cal.App.2d 603, 613 [78 P.2d 209].) One who intentionally turns into the path of an oncoming vehicle has been held guilty of wilful misconduct where the probability of serious injury is or should be apparent. (Hoffart v. Southern Pac. Co., 33 Cal.App.2d 591 [92 P.2d 436]; Hagglund v. Nelson, 23 Cal.App.2d 348 [73 P.2d 265]; Francesconi v. Balluomini, 28 Cal.App.2d 701 [83 P.2d 298].)

¶3Appellant’s petition for a hearing by the Supreme Court was denied May 18, 1955. Carter, J., was of the opinion that the petition should be granted.

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