MALONEY V. RATH
Sup. Ct. of Cal., 69 Cal. 2d 442 (1968)
NATURE OF THE CASE: Maloney (P) appealed from an order, which entered judgment denying
her motion for judgment notwithstanding the verdict in her action for personal injury and
property damages arising from an automobile accident.
FACTS: Maloney (P) brought this action to recover damages for injuries to her person and
property incurred in an automobile accident. She appeals from an adverse judgment and from
an order denying her motion for judgment notwithstanding the verdict on the issue of
liability. P stopped her car in a left-turn lane to wait for a traffic signal to change.
Rath (D) turned into the left-turn lane behind P and stepped on her brake pedal. D's brakes
failed, and a collision ensued. D neither knew nor had reason to know that her brakes were
defective until they failed. The failure was caused by a rupture in a hydraulic hose that
gave no warning to D of its impending occurrence. D had the brakes completely overhauled by
Peter Evanchik of Pete's Chevron Station about three months before the accident. Later,
about two weeks before the accident, the car was involved in another collision, and D's
husband had Evanchik inspect and repair it. Nothing was done to the brakes at that time. D's
expert witness testified that the brakes failed because of a hole in the hydraulic hose that
was caused by rubbing of the hose against the right front wheel. The rubbing resulted from
faulty installation of the hose at the time the brakes were overhauled. A qualified person
inspecting the brakes before they failed would have detected the faulty installation and the
evidence of the rubbing. At the time of the accident section 26300 of the Vehicle Code
provided that every motor vehicle 'shall be equipped with brakes adequate to control the
movement of the vehicle and to stop and hold the vehicle,' and section 26453 provided that
all 'Brakes and component parts thereof shall be maintained . . . in good working order.' A
defendant's failure to comply with these provisions gives rise to a presumption of
negligence that he may rebut by proof 'that he did what might reasonably be expected of a
person of ordinary prudence, acting under similar circumstances, who desired to comply with
the law.' The trial court gave the judgment to D; she was not liable for the negligence of
an independent contractor. P appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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