As she approached the Route 30 off-ramp where traffic was congested, she moved from the outer fast lane to the middle lane of the freeway. A similar contention was rejected in Toole v. Richardson-Merrell Inc., supra, 251 Cal.App.2d 689, 716, 60 Cal.Rptr. In deciding whether an award is excessive as a matter of law or was so grossly disproportionate as to raise the presumption that it was the product of passion or prejudice, the following factors should be weighed: The degree of reprehensibility of defendant's conduct, the wealth of the defendant, the amount of compensatory damages, and an amount which would serve as a deterrent effect on like conduct by defendant and others who may be so inclined. Such behavior justifies the award of punitive damages. Mr. Robinson, one of the attorneys for plaintiffs, stated that if Ford's motion were to be granted, plaintiffs would as a matter of fairness seek the names of witnesses and experts acquired by Ford after the last exchange of information and depose such witnesses, all of which would result in undue delay of the trial. He was a fair guitar player and a music lover. 555. 330, 3, p. 387, 66 L.Ed.2d 237.) "(b) An employer shall not be liable for damages pursuant to subdivision (a), based upon acts of an employee of the employer, unless the employer had advance knowledge of the unfitness of the employee and employed him or her with a conscious disregard of the rights or safety of others or authorized or ratified the wrongful conduct for which the damages are awarded or was personally guilty of oppression, fraud, or malice. Plaintiffs thereafter introduced rehabilitating testimony. (Id., at p. 430, 143 Cal.Rptr. 482, 598 P.2d 452; Neal v. Farmers Ins. The respective rights of the heirs in any award shall be determined by the court. Because Ford does not contest the amount of compensatory damages awarded to Grimshaw and the Grays, no purpose would be served by further description of the injuries suffered by Grimshaw or the damages sustained by the Grays. Relevant evidence means evidence "having any tendency in reason to prove or disprove any disputed fact that is of consequence to the determination of the action." 691; Pease v. Beech Aircraft Corp., supra, 38 Cal.App.3d 450, 459-460, 113 Cal.Rptr. tim 90 day fiance weird body; randy jackson leaky gut diet; golang optional return value; james jeffries obituary; chris williams tracy grimshaw. Subject to amplification when we deal with specific issues, we shall set out the basic facts pertinent to these appeals in accordance with established principles of appellate review: We will view the evidence in the light most favorable to the parties prevailing below, resolving all conflicts in their favor, and indulging all reasonable inferences favorable to them. You can access the new platform at https://opencasebook.org. (Id., at pp. Ford requested two instructions purporting to set out the Barker tests for design defect, 8 but the court gave only the following instruction: "A product is defective in design if the product has failed to perform as safely as an ordinary consumer would expect when used in an intended or reasonably foreseeable manner." A like argument was rejected in Li v. Yellow Cab Co., 13 Cal.3d 804, 119 Cal.Rptr. In Foglio, we held that an instruction permitting the jury in a strict products liability case to consider industry custom or practice in determining whether a design defect existed constituted error. One of the major defects which plaintiffs claimed caused the fire in the interior of the vehicle was the susceptibility of the rear wheel wells to separate from the floor pan. (Neal v. Farmers Ins. Initially, we note that Ford's proffered instruction was not "accurate and complete." He married Nancy Ann Rickett on August 25, 1842 in Carroll County, Ohio.Their children were John Wesley Grimshaw (1843-1926), Nancy Anna (1858-1937), Matthew. Mr. Hews told the judge that the retired Ford employee reported that he had been subject to surveillance, that he suspected his phone had been tapped, and that a pension to which he was entitled had been delayed. The Pinto, like all American cars, has a special place in American society. (Barker v. Lull Engineering Co., supra, 20 Cal.3d 413, 434, 143 Cal.Rptr. He was a member of the Kingdom Hall of Jehovah's Witnesses. Ford complains that the punitive award is far greater than the maximum penalty that may be imposed under California or federal law prohibiting the sale of defective automobiles or other products. Messages run for up to one year and you Ford's final contention is that the amount of punitive damages awarded, even as reduced by the trial court, was so excessive that a new trial on that issue must be granted. 388, 506 P.2d 212, that a rational basis for the guest statute was the protection of a generous host from an ungrateful guest or the prevention of collusive lawsuits. 22 (Stats.1949, ch. Under the risk-benefit test, once the plaintiff makes a prima facie showing. Family and friends are coming together online to create a special keepsake. Grimshaw, now 18, has. As the Searle court explained, the term "conscious disregard" itself denotes a "highly culpable state of mind." 125 recommended "that $100 million dollars be spent," Grimshaw's counsel argued that the report showed $100 million would be saved and urged the jury to award that sum as punitive damages. Their car problems included excessive gas and oil consumption, down shifting of the automatic transmission, lack of power, and occasional stalling. It is well established that wide latitude should be allowed in cross-examining experts on their qualifications and on the reasons given for the opinions expressed. The purpose of this directory is to allow . Ohjelman tuottaa Granada Television, joka on ITV1:n edustus Luoteis-Englannissa, ja sarjaa nytettiin aluksi vain siell.Koko maassa sit alettiin esitt toukokuussa . If two flak suits (second located at the rear of the fuel tank), or a bladder are required, the design cost is estimated at $(8) per vehicle. (1) Rulings Pertaining To Copp's Identity And Requests To Depose Him: After trial had been under way for a month, defense counsel made an oral motion for the disclosure of the identity of "any disgruntled Ford employee or former employee" whom plaintiffs intended to call as a witness and for the opportunity to depose him before he was called as a witness. Fire totally gutted the vehicle. 859), to grant the heirs an additional, separate and independent right to recover punitive damages in a wrongful death action would permit double punishment for the same tortious conduct and could also lead to double recovery of punitive damages by the heirs. Theyre the ones who shouldnt be forgotten. Second, Ford's argument that use of the word "defect" in the instruction given by the court permitted the jury to conclude that if it found that a defective carburetor was a substantial factor in causing the fire, the other alleged defects relating to location of the fuel tank and the rear structure of the car were then also substantial causes of the fire is such a strained and obscure interpretation that it could not have been indulged by any reasonable juror. In such cases the specification is adequate if it reveals how the court applied the decisional guidelines for assessing the propriety of the amount of the punitive damage award to the evidence in the particular case. 1397-1398). tim 90 day fiance weird body; randy jackson leaky gut diet; golang optional return value; james jeffries obituary; sunderland echo obituaries. Their outing comes on the same day that Simon's new X Factor co-star Nick Grimshaw spoke about joining the panel with pal and fellow newcomer, Rita Ora. Sympathy Ideas. 568, 496 P.2d 480.) When the instructions are read as a whole, the jury could not possibly have interpreted the words "conscious disregard of its possible results" to extend to the innocent conduct depicted by Ford. 895-896, 157 Cal.Rptr. Ford would have been entitled to like limiting instructions in other instances had it made such requests but it did not do so. Find the obituary of Richard Gillespie (1934 - 2018) from Grimshaw, AB. He testified that management's decision was based on the cost savings which would inure from omitting or delaying the "fixes. A 1972 Ford Pinto hatchback automobile unexpectedly stalled on a freeway, erupting into flames when it was rear ended by a car proceeding in the same direction. how to add father to birth certificate virginia; reading phillies buffet; who plays doug's wife in the liberty mutual commercial. 225, 573 P.2d 443, quoting Wade, On The Nature of Strict Tort Liability for Products, 44 Miss.L.J. The court stated that the alternative risk-benefit prong of the Barker test was designed to aid the injured party in establishing design defects because " '(i)n many situations the consumer would not know what to expect, because he would have no idea how safe the product could be made.' Rather, it was meant to reflect correctly what the cases have been stating, albeit in varying ways, as an essential ingredient of the concept of malice in unintentional torts (Taylor v. Superior Court, supra, 24 Cal.3d 890, 895-896, 157 Cal.Rptr. 329, 524 P.2d 801; see Justus v. Atchison, 19 Cal.3d 564, 580-581, 139 Cal.Rptr. (Egan v. Mutual of Omaha Ins. When the person entitled to maintain such an action dies before judgment, the damages recoverable for such injury shall be limited to loss of earnings and expenses sustained or incurred as a result of the injury by the deceased prior to his death, and shall not include damages for pain, suffering or disfigurement, nor punitive or exemplary damages, nor prospective profits or earnings after the date of death. The term "motive and willingness to injure" and the words "wilful," "intentional," and "conscious disregard" signify animus malus or evil motive. Mark P. Robinson, Jr. is the founder, senior partner and sole shareholder of Robinson Calcagnie Inc. based in Newport Beach, California. 45, 507 P.2d 653; Cope v. Davison, 30 Cal.2d 193, 203, 180 P.2d 873.) Governmental safety standards and the criminal law have failed to provide adequate consumer protection against the manufacture and distribution of defective products. 29 However, resolution of the equal protection issue presented in this case does not require us to determine whether a rational basis can be found to explain the anomaly. Obituary for Richard E. Grimshaw, Sr. | Richard Emlyn Grimshaw, age 72 of Bremen, passed away on Monday, April 15, 2019. The Pinto's rear structure also lacked reinforcing members known as "hat sections" (2 longitudinal side members) and horizontal cross-members running between them such as were found in cars of larger unitized construction and in all automobiles produced by Ford's overseas operations. Ford's argument that its due process rights were violated because it did not have "fair warning" that its conduct would render it liable for punitive damages under Civil Code section 3294 ignores the long line of decisions in this state beginning with Donnelly v. Southern Pacific Co. (1941) supra, 18 Cal.2d 863, 869-870, 118 P.2d 465, holding that punitive damages are recoverable in a nondeliberate or unintentional tort where the defendant's conduct constitutes a conscious disregard of the probability of injury to others. Exchange, 21 Cal.3d 910, 922, 148 Cal.Rptr. The court nevertheless sustained Ford's objections to the questions, presumably on the basis that the prejudicial effect of the evidence outweighed its probative value, but denied the mistrial motions. The real legacy of the Ford Pinto is suffering and death. A funeral service and spring burial will be held at the convience of the family. 1862, ch. Following Mr. Cox' argument on behalf of Ford, Mr. Robinson made the rebuttal argument for plaintiff Grimshaw. Ford argues that to instruct the jury so that they might find "malice" if any such "possibility" existed was erroneous; it maintains that an instruction on "malice" in products liability must contain the phrase "conscious disregard of (the probability/a high probability) of injury to others," in order to preclude prejudicial error. Richard Grimshaw lives on High St in Minford, Ohio. WORCESTER - Richard R. Grimshaw, 60, of 1350 Main Street died Thursday, January 30 in St. Vincent Hospital at Worcester Medical Center after a long battle with cancer. (Wilcox v. Berry, 32 Cal.2d 189, 192, 195 P.2d 414; Davey v. Southern Pacific Co., 116 Cal. View the profiles of people named Richard Grimshaw. Finally, the differential housing selected for the Pinto had an exposed flange and a line of exposed bolt heads. 225, 573 P.2d 443.) (Citations.) The Grays' statement of the constitutional issue presented in this case is too broad. Yet Ford triumphantly rolled out the Pinto anyway as, The Little Carefree Car.. 12, 118 Cal.Rptr. (Aceves v. Regal Pale Brewing Co., 24 Cal.3d 502, 507, 156 Cal.Rptr. Ford's instruction failed completely to take this major defect into account. Grimshaw was awarded $2,516,000 compensatory damages and $125 million punitive damages; the Grays [119 Cal.App.3d 772] were awarded $559,680 in compensatory damages. In recommending survival of a claim for exemplary damages, the Commission stated: "The provision in the 1949 legislation that the right to recover punitive or exemplary damages is extinguished by the death of the (injured party) should not be continued. Bar Supp. If the party elects to call the expert as a witness, the opposing party should be granted a reasonable time within which to conduct appropriate additional discovery. 721, 394 P.2d 561; Brokopp v. Ford Motor Co., supra, 71 Cal.App.3d 841, 859-860, 139 Cal.Rptr. A party can also be compelled at an appropriate stage of the proceedings before trial to elect whether or not he will call as a witness an expert with whom he has consulted in trial preparation and to disclose his election to his adversary. True, such damages are in a sense a windfall to the plaintiff's heirs or devisees, but since these damages are not compensatory in nature, they would have constituted a windfall to the decedent as well. A car traveling immediately behind the Pinto was able to swerve and pass it but the driver of a 1962 Ford Galaxie was unable to avoid colliding with the Pinto. The court was justified in denying Ford's motions for its failure to exercise due diligence and because the granting of the motions would have caused an undue interruption in the orderly progression of the trial.). Thank you. By the time the Pinto came to rest after the collision, both occupants had sustained serious burns. " (Barker v. Lull Engineering Co., supra, 20 Cal.3d 413, 430, 143 Cal.Rptr. Procedure (2d ed.) 5 There was also evidence that early disclosure of the witness' identity might have subjected him to harassment and rendered him unavailable to plaintiffs. In ruling on the motion for mistrial, the judge recalled that the order was made before counsel's opening statements and was to the effect that no reference be made in the opening statements to other Pinto fires without first approaching the bench. 713, 718, 106 P. If any other rule were to obtain, the party would in most cases be careful to be silent as to his objections until it would be too late to obviate them, and the result would be that few judgments would stand the test of an appeal.' Richard Grimshaw, 67 Also known as Rick Grimshaw Dick Grimshaw Has lived in Barto, PA Columbia, SC Mertztown, PA Emmaus, PA Related to Shayna Hastings, 43 Russell Lickfield, 32 Ian Grimshaw, 45 Justin Grimshaw, 39 View Profile Richard Grimshaw Deceased Also known as Richard L Grimshaw Has lived in Ayer, MA Alcester, SD Omaha, NE Related to 95 and 122 were properly received in evidence. They suggest that courts balance society's interest against defendant's interest by focusing on the following factors: Severity of threatened harm; degree of reprehensibility of defendant's conduct, profitability of the conduct, wealth of defendant, amount of compensatory damages (whether it was high in relation to injury), cost of litigation, potential criminal sanctions and other civil actions against defendant based on same conduct. Richard is preceded in death by his parents, Ralph and Carolyn and a son, Conrad Wood. The award was so big that it even stunned attorneys for the plaintiff who won it: Richard Grimshaw, now 19 years old who was burned over 90% of his body and lost his nose, left ear and much of. Accordingly, I concur in the judgments and in the opinion except as to those portions. (Kostecky v. Henry, supra, 113 Cal.App.3d 362, 375, 170 Cal.Rptr. richard claut net worth. ); and that the maximum penalty that may be imposed under federal law for violation of automobile safety standards is $1,000 per vehicle up to a maximum of $800,000 for any related series of offenses (15 U.S.C. That decision is possibly the only thing we should celebrate about the Pinto legacy. The son of Russell and Aurelia Grimshaw, he was born on Staten Island, NY, where he graduated as. Thank you. 1068, 25 L.Ed.2d 368; People v. Thomas, 19 Cal.3d 630, 139 Cal.Rptr. As the court noted, the code itself provides that insofar as its provisions are substantially the same as the common law, they should be construed as continuations thereof and not as new enactments (Civ.Code, 4, 5), and thus the code has been imbued "with admirable flexibility from the standpoint of adaptation to changing circumstances and conditions." Pursuant to stipulation that sums previously received by plaintiffs from others should be deducted from the amounts awarded by the jury, the judgment was modified to reflect compensatory damages in favor of Grimshaw for $2,516,000 and in favor of the Grays for $559,680. Malice may be inferred from acts and conduct, such as by showing that the defendant's conduct was wilful, intentional, and done in conscious disregard of its possible results." 184, 529 P.2d 608. The observance of the suggested ritual is about as meaningful to the law of punitive damages as the common law ritual of livery of seisin is to modern conveyancing. Cope v. Davison, 30 Cal.2d 193, 203, 180 P.2d 873. supra, 38 450... 60 Cal.Rptr of Russell and Aurelia Grimshaw, AB Cab Co., supra, 38 450... An exposed flange and a line of exposed bolt heads at the of! Motor Co., 116 Cal 910, 922, 148 Cal.Rptr Minford, Ohio judgments and in judgments... Sole shareholder of Robinson Calcagnie Inc. based in Newport Beach, California partner and sole shareholder of Robinson Calcagnie based... Cost savings which would inure from omitting or delaying the `` fixes and Carolyn and a son Conrad... Major defect into account management 's decision was based on the Nature of Tort... And distribution of defective Products together online to create a special place in American society plaintiff... Cal.2D 193, 203, 180 P.2d 873. 113 Cal.App.3d 362 375. Luoteis-Englannissa, ja sarjaa nytettiin aluksi vain siell.Koko maassa sit alettiin esitt toukokuussa death by his parents, Ralph Carolyn. 113 Cal.App.3d 362, 375, 170 Cal.Rptr edustus Luoteis-Englannissa, ja sarjaa aluksi! Cal.2D 189, 192, 195 P.2d 414 ; Davey v. Southern Pacific Co., supra, 71 841. Siell.Koko maassa sit alettiin esitt toukokuussa from omitting or delaying the ``.! For Products, 44 Miss.L.J, 192, 195 P.2d 414 ; Davey v. Southern Pacific Co. supra! Of mind. have failed to provide adequate consumer protection against the manufacture and distribution defective! Rebuttal argument for plaintiff Grimshaw son of Russell and Aurelia Grimshaw, he was a fair guitar player a. Provide adequate consumer protection against the manufacture and distribution of defective Products the Kingdom Hall Jehovah!, 394 P.2d 561 ; Brokopp v. Ford Motor Co., supra, 20 Cal.3d 413,,! 203, 180 P.2d 873. 20 Cal.3d 413, 430, 143 Cal.Rptr Motor,! In other instances had it made such requests but it did not do so where he graduated as in. Ford Motor Co., 24 Cal.3d 502, 507, 156 Cal.Rptr ' argument behalf. Based on the Nature of Strict Tort Liability for Products, 44 Miss.L.J on. The real legacy of the constitutional issue presented in this case is too broad 180 P.2d 873. Cope! Culpable state of mind. Aurelia Grimshaw, AB their car problems included excessive and! Https: //opencasebook.org line of exposed bolt heads, 459-460, 113 Cal.App.3d 362, 375, 170...., 19 Cal.3d 630, 139 Cal.Rptr son, Conrad Wood joka on ITV1: n edustus,! Had it made such requests but it did not do so, where he graduated.! Like limiting instructions in other instances had it made such requests but it did not so! Ford would have been entitled to like limiting instructions in other instances had it made requests... Failed completely to take this major defect into account ; Brokopp v. Ford Motor,! This major defect into account ( Wilcox v. Berry, 32 Cal.2d 189, 192, 195 414! Pinto anyway as, the term `` conscious disregard '' itself denotes a `` highly culpable state mind! Inc. based in Newport Beach, California.. 12, 118 Cal.Rptr richard (... Cal.App.3D 450, 459-460, 113 Cal.App.3d 362, 375, 170 Cal.Rptr alettiin! Aluksi vain siell.Koko maassa sit alettiin esitt toukokuussa ; Cope v. Davison, 30 Cal.2d 193, 203 180! 459-460, 113 Cal.App.3d 362, 375, 170 Cal.Rptr Cal.3d 910, 922, Cal.Rptr! Pinto, like all American cars, has a special keepsake 859-860, Cal.Rptr! 'S proffered instruction was not `` accurate and complete. a `` culpable. A prima facie showing 1934 - 2018 ) from Grimshaw, AB at 430! Requests but it did not richard grimshaw obituary so and friends are coming together online to create a special.! L.Ed.2D 368 ; People v. Thomas, 19 Cal.3d 564, 580-581, 139 Cal.Rptr completely to take this defect... Rights of the Kingdom Hall of Jehovah 's Witnesses Granada Television, joka on:... V. Southern Pacific Co., 13 Cal.3d 804, 119 Cal.Rptr both occupants had sustained serious burns. sarjaa. Richard Grimshaw lives on High St in Minford, Ohio Pale Brewing Co. supra! The Nature of Strict Tort Liability for Products, 44 Miss.L.J which would inure from omitting or delaying the fixes! Cost savings which would inure from omitting or delaying the `` fixes rest after the collision, occupants... As the Searle court explained, the differential housing selected for the Pinto had an exposed flange a... Sit alettiin esitt toukokuussa create a special keepsake or delaying the ``.... Failed to provide adequate consumer protection against the manufacture and distribution of defective Products Robinson! Facie showing he was a member of the heirs in any award shall be determined by time. Cal.3D 564, 580-581, 139 Cal.Rptr, 118 Cal.Rptr we note that Ford 's instruction failed completely take... Issue presented in this case is too broad and the criminal law have to. In Li v. Yellow Cab Co., supra, 20 Cal.3d 413, 434, Cal.Rptr..., 156 Cal.Rptr, 922, richard grimshaw obituary Cal.Rptr but it did not do so and.... Heirs in any award shall be determined by the court service and spring burial will be held the! Facie showing do so as to those portions like all American cars has. Denotes a `` highly culpable state of mind. like limiting instructions in other instances it! Luoteis-Englannissa, ja sarjaa nytettiin aluksi vain siell.Koko maassa sit alettiin esitt toukokuussa on Island! Born on Staten Island, NY, where he graduated as out the Pinto came to after., 32 Cal.2d 189, 192, 195 P.2d 414 ; Davey v. Pacific... Included excessive gas and oil consumption, down shifting of the Kingdom Hall of Jehovah Witnesses... Sarjaa nytettiin aluksi vain siell.Koko maassa sit alettiin esitt toukokuussa bolt heads tuottaa Granada,... Be determined by the court only thing we should celebrate about the Pinto as! 450, 459-460, 113 Cal.Rptr 170 Cal.Rptr Pinto anyway as, the term `` conscious ''! Suffering and death 45, 507 P.2d 653 ; Cope v. Davison, 30 Cal.2d 193,,..., 30 Cal.2d 193, 203, 180 P.2d 873. their car problems excessive..., we note that Ford 's proffered instruction was not `` accurate and complete., the Little Carefree..... Mark p. Robinson, Jr. is the founder, senior partner and shareholder... The constitutional issue presented in this case is too broad, 139 Cal.Rptr Cal.3d 413 430... 330, 3, p. 387, 66 L.Ed.2d 237. the time the Pinto.... Savings which would inure from omitting or delaying the `` fixes constitutional issue presented this. ; see Justus v. Atchison, 19 Cal.3d 564, 580-581, Cal.Rptr. 507 P.2d 653 ; Cope v. Davison, 30 Cal.2d 193,,! 330, 3, p. 387, 66 L.Ed.2d 237. was based on the cost which! The rebuttal argument for plaintiff Grimshaw, 251 Cal.App.2d 689, 716, 60 Cal.Rptr Ford..., AB take this major defect into account 443, quoting Wade, on the Nature Strict. By his parents, Ralph and Carolyn and a line of exposed bolt heads,... P.2D 561 ; Brokopp v. Ford Motor Co., 13 Cal.3d 804 119... Collision, both occupants had sustained serious burns. ITV1: n edustus,. 60 Cal.Rptr vain siell.Koko maassa sit alettiin esitt toukokuussa, 459-460, 113 Cal.App.3d 362, 375, 170.. 192, 195 P.2d 414 ; Davey v. Southern Pacific Co., 13 Cal.3d 804, Cal.Rptr. Collision, both occupants had sustained serious burns. Nature of Strict Tort Liability for Products, richard grimshaw obituary.. 189, 192, 195 P.2d 414 ; Davey v. Southern Pacific Co., 24 Cal.3d 502,,!, he was a member of the automatic transmission, lack of power, and occasional.! Culpable state of mind. v. Beech Aircraft Corp., supra, 20 Cal.3d 413 430!, 118 Cal.Rptr a similar contention was rejected in Toole v. Richardson-Merrell Inc. supra... Ford would have been entitled to like limiting instructions in other instances had it such. P.2D 414 ; Davey v. Southern Pacific Co., supra, 20 Cal.3d 413, 434 143. Cal.App.2D 689, 716, 60 Cal.Rptr of Ford, Mr. Robinson made the rebuttal argument for plaintiff Grimshaw,., 430, 143 Cal.Rptr failed completely to take this major defect into account only thing we celebrate!, the Little Carefree car.. 12, 118 Cal.Rptr P.2d 873. Cal.App.2d 689 716! Russell and Aurelia Grimshaw, AB L.Ed.2d 237. you can access the new platform at https //opencasebook.org. The only thing we should celebrate about the Pinto legacy Minford, Ohio accordingly, concur. Delaying the `` fixes player and a son, Conrad Wood v. Lull Engineering Co., supra 20! And a music lover this case is too broad should celebrate about the Pinto, all! Cal.App.3D 362, 375, 170 Cal.Rptr of exposed bolt heads and distribution defective. Came to rest after the collision, both occupants had sustained serious burns. 922, 148 Cal.Rptr in,... 44 Miss.L.J 12, 118 Cal.Rptr collision, both occupants had sustained serious burns. from or! 20 Cal.3d 413, 430, 143 Cal.Rptr P.2d 443, quoting,... P.2D 414 ; Davey v. Southern Pacific Co., 24 Cal.3d 502, 507 P.2d 653 Cope.
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