California, United States of America
The following excerpt is from Cummings v. Morez, 116 Cal.Rptr. 586, 42 Cal.App.3d 66 (Cal. App. 1974):
1 In Brown v. Merlo, Supra, the accident occurred on October 15, 1967; the defendant and plaintiff were riding in a jeep operated by the defendant. 'The jeep crossed the center line of the highway and collided with an embankment on the opposite side of the road; plaintiff sustained serious physical injuries to his head, body and limbs as a result of the accident.' A summary judgment was granted in favor of defendant as to plaintiff's negligence count; 'the cause of action for willful misconduct went to a jury which returned a verdict in defendant's favor.' Plaintiff appealed from the summary judgment.
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