In what circumstances will a defendant be found liable in an action for injuries sustained as a result of his wilful misconduct?

California, United States of America


The following excerpt is from Bassett v. Crisp, 113 Cal.App.2d 295, 248 P.2d 171 (Cal. App. 1952):

In the case of Allen v. Robinson, 85 Cal.App.2d 617, 193 P.2d 498, this court held that in an action for injuries received by plaintiffs in an automobile collision while riding as guests of defendant, the evidence supported a verdict attributing plaintiffs' injuries to defendant's wilful misconduct, where it appeared that defendant drove across town at a high rate of speed, ignored repeated admonitions to slow down, and entered an intersection at about 35 miles per hour in disregard of a plainly visible stop sign. We there said, 85 Cal.App.2d at pages 620-622, 193 P.2d at page 500:

'A definition on 'wilful misconduct,' followed and approved in many later cases, is contained in Turner v. Standard Oil Co., 134 Cal.App. 622, 626, 25 P.2d 988, 990, as follows:

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