Cengage Advantage Books: Business Law 9th Edition by Arnold Goldman ,William Sigismond

Exercise 3

Gonzalez was injured while a passenger in Garcia's car. Garcia, who had been drinking heavily, lost control of the car and caused it to roll over, landing on its side. Gonzalez sued for damages for negligence. Garcia claimed comparative negligence as a defense. Testimony in court revealed that Gonzalez knew Garcia was intoxicated. The court concluded that Gonzalez could have taken a cab or called his wife for a ride. Instead, he took a dangerous route and rode with Garcia. Does Gonzalez's decision to ride with Garcia amount to negligence that makes him partially liable for the accident? (Gonzalez v. Garcia, 142 Cal. Rptr. 503)