Slater v. Blackwood

Opinion

RICHARDSON, J.

We consider, and will reject, the contention that the unconstitutionality of the guest statute enunciated by us in Brown v. Merlo (1973) 8 Cal.3d 855 [106 Cal.Rptr. 388, 506 P.2d 212, 66 A.L.R.3d 505] should be given retroactive effect.

Plaintiff, a minor, was injured in an automobile accident in 1969 while riding as a guest in a car driven by defendant John Blackwood and owned by the defendant Escondido Tire Supply Co., Inc. In March 1970 she filed an action for damages, the complaint being framed in Contemplation of the provisions of California’s then existing “guest…