RUBIO v. SWIRIDOFF

Docket No. F003568.

165 Cal.App.3d 400 (1985)

211 Cal. Rptr. 338

ANDORA ANN RUBIO, a Minor, etc., Plaintiff and Appellant, v. RUDOLF HENRY SWIRIDOFF, Defendant and Respondent.

Court of Appeals of California, Fifth District.

March 7, 1985.


Attorney(s) appearing for the Case

COUNSEL

Sandell, Young & St. Louis and Charles A. Wieland for Plaintiff and Appellant.

McCormick, Barstow, Sheppard, Wayte & Carruth, Stephen J. Kane and David H. Bent for Defendant and Respondent.


OPINION

RANDALL, J.*

We are faced in the instant case with the novel proposition that one who engages in a provocative quarrel with another and then drives rapidly away from the scene of the confrontation is liable in damages to the survivors of the victim of an automobile accident triggered by the other disputant who drove in a reckless fashion while influenced by the heat of passion thus enkindled. The...

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