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BROWN v. MERLO

Docket No. Sac. 7947.

8 Cal.3d 855 (1973)

506 P.2d 212

106 Cal. Rptr. 388

RALPH L. BROWN, Plaintiff and Appellant, v. GUISEPPE BEPPINO MERLO, Defendant and Respondent.

Supreme Court of California. In Bank.

February 20, 1973.

Attorney(s) appearing for the Case

COUNSEL

Watt & Leverenz and Reginald M. Watt for Plaintiff and Appellant.

Robert E. Cartwright, Edward I. Pollock, Theodore A. Horn, Marvin E. Lewis, William H. Lally, Joseph W. Cotchett, Herbert Hafif, David Daar and Leonard Sacks as Amici Curiae on behalf of Plaintiff and Appellant.

A. John Merlo, Ann R. Houghton, Jordan N. Peckham and Chris Gasparich for Defendant and Respondent.

OPINION

TOBRINER, J.

Section 17158 of the Vehicle Code, California's "automobile guest statute,"1 deprives an injured automobile guest of any recovery for the careless driving of his host unless the injury results from the driver's willful misconduct or intoxication. Thus, in those cases which the statute reaches, the provision withdraws from automobile "guests...

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