Patton v. La Bree

The complaint in this action alleges that plaintiff took her automobile to defendant Friendly Rambler, Inc., to have it serviced and that she rode in it as a “passenger” while it was being serviced and was being driven by defendant La Bree, an employee of Friendly Rambler, Inc.1 *608It is further alleged that as a proximate result of defendants’ negligence in operating the automobile it collided with another ear and plaintiff was injured. The action was dismissed following the sustaining of a general demurrer to the complaint, and plaintiff has appealed.

Section 17158 of the Vehicle Code provides:…