Turner v. Mannon

In Turner v. Mannon (1965) 236 Cal.App.2d 134, a passenger in a vehicle (Turner) sued the driver (Mannon) and the driver's mother on theories of "wilful misconduct" and negligence after she was injured in a single-car accident. (Id. at p. 136.) Turner and Mannon, both minors at the time of the accident, were driving on a curving road when Turner "suddenly and emphatically" stated, "'This is a curve, Nancy, turn,'" causing Mannon to overcompensate and slide out of control and hit a telephone pole. (Id. at pp. 137-138.) Mannon testified that "she did not observe any such sharp curve as Turner's shouting led her to believe existed at that point." (Id. at p. 138.) On appeal from a defense verdict, Turner challenged the court's instructions on contributory negligence on grounds there was no credible evidence to support an inference of negligence on her part. (Id. at pp. 140-141.) The appellate court rejected the contentions, pointing out that the accident may have been due in part to Turner's contributory negligence; that the record "indicates that the sharp and sudden movement to the left on the part of the defendant driver was due to the strident exclamation of plaintiff concerning the curve. It is obvious that a plaintiff may be guilty of contributory negligence by reason of an unexpected, or stressed, exclamation or statement made by her to a defendant, causing alarm and exaggerated or sudden movement, which leads to an accident." (Id. at p. 141.)