How have courts dealt with an action for wrongful death against both the driver of a vehicle and the owner of the vehicle?

California, United States of America


The following excerpt is from Nault v. Smith, 14 Cal.Rptr. 889, 194 Cal.App.2d 257 (Cal. App. 1961):

In the Kansas case of Bisoni v. Carlson, 1951, 171 Kan. 631, 237 P.2d 404, an administrator brought an action for wrongful death against both the driver of a vehicle in which the deceased rode as a guest and the owner of the vehicle. Charging the driver, a minor under the age of 16 years, with 'gross and wanton negligence,' (237 P.2d at page 405), the plaintiff likewise contended that the owner, the driver's father, 'negligently allowed' his son to operate the car even though he 'knew or had reasonable cause to know,' that his son was 'an incompetent, careless, reckless automobile driver * * *.' 237 P.2d at page 405.

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