Elisalda v. Welch's Sand & Gravel Co.

—The issue posed on this appeal involves the question of the liability of the defendant-owner of a cement truck for injuries sustained by a plaintiff, not the defendant-owner’s employee, when the truck backed over the plaintiff’s foot as he was getting off the fender of the truck where he had been riding. Although defendants’ contentions on this appeal are numerous, the nub of the appeal concerns the plaintiff’s status as either a passenger or pedestrian for application of the “Guest Statute.’’ (Veh. Code, §17158.)

On March 9, 1962, the plaintiff, Fred Elisalda, was employed as a laborer by…