Cooper v. Bray

Opinion

TOBRINER, J.

For the third time in recent years, we are confronted with the question of whether section 17158 of the Vehicle Code violates the equal protection clause of our state or federal Constitution (Cal. Const., art. I, § 7; U.S. Const., 14th Amend.) by singling out, from the wide range of automobile accident victims, one narrow class—injured passengers who happen to own the car in which they are injured—and barring this, and only this, class of victims from obtaining recovery from drivers who negligently caused their injuries.

*844In April 1975, our court initially concluded in…