Weirum v. RKO General Inc

In Weirum v. RKO General, Inc. (1975) 15 Cal.3d 40, the defendant, a "rock radio station with an extensive teenage audience conducted a contest which rewarded the first contestant to locate a peripatetic disc jockey. Two minors driving in separate automobiles attempted to follow the disc jockey's automobile to its next stop. In the course of their pursuit, one of the minors negligently forced a car off the highway, killing its sole occupant." (Weirum, supra, 15 Cal.3d at p. 43.) Finding a basis for duty in the defendant's conduct, the court reasoned: "Money and a small measure of momentary notoriety awaited the swiftest response. It was foreseeable that defendant's youthful listeners, finding the prize had eluded them at one location, would race to arrive first at the next site and in their haste would disregard the demands of highway safety." (Id. at p. 47.) Affirming a jury verdict against the station, the high court concluded that "reckless conduct by youthful contestants, stimulated by defendant's broadcast, constituted the hazard to which decedent was exposed." (Ibid.) Under those circumstances, the court found "little doubt" that "an act of misfeasance" was involved. (Id. at p. 49.) Liability thus was properly predicated on the defendant's "creation of an unreasonable risk of harm" to the decedent. (Id. at p. 47.)