Johnson v. Duvall

In Johnson v. Duvall (1963) 215 Cal. App. 2d 122, the car was stopped (or moving slowly) on a foggy freeway. The defense argued the passenger should have yelled a warning to the driver which would have avoided the accident. However, the evidence established the passenger could not have issued a warning in time to avoid the accident, and the appellate court held it was error to give a contributory negligence instruction because there was no substantial evidence to support it.