Beck v. Kessler

In Beck v. Kessler (1965) 235 Cal. App. 2d 331, the plaintiffs were passengers in a taxicab lawfully stopped at a red light. The taxicab was rear ended by the defendant's vehicle. The defendant offered no excuse for the collision: It was a clear, dry night; the intersection was well lit; there was no other moving traffic; and the defendant admitted his view of the cab was unobstructed. The trial court directed a verdict in the plaintiffs' favor. (Id. at p. 333.) The Court of Appeal affirmed the judgment, relying upon the rule that a party is negligent as a matter of law where he does not see that which is clearly visible and which would have been seen by one exercising ordinary care, as a result of which a collision occurs. (Id. at pp. 337-338.)