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PLYLER v. WHEATON VAN LINES

No. 79-4277.

640 F.2d 1091 (1981)

Joseph C. PLYLER, Plaintiff-Appellee, v. WHEATON VAN LINES, an Indiana corporation and Raymond G. Hutton, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided March 30, 1981.

Attorney(s) appearing for the Case

Gordon M. Park, McCormich, Barstow, Sheppard, Coyle & Wayte, Fresno, Cal., for defendants-appellants.

Jean Dandona, Santa Barbara, Cal., argued for plaintiff-appellee; Peter J. Samuelson, Santa Barbara, Cal., on brief.

Before TRASK and KENNEDY, Circuit Judges, and BONSAL, Senior District Judge.

KENNEDY, Circuit Judge:

Before California adopted the comparative negligence principle in Li v. Yellow Cab Co., 13 Cal.3d 804, 119 Cal.Rptr. 858, 532 P.2d 1226 (1975), the state rule was that a plaintiff's contributory negligence did not bar or diminish recovery if the defendant was guilty of wanton and wilful misconduct. The sole question here...

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