Smalich v. Westfall
Supreme Court of Pennsylvania
269 A.2d 476 (Pa. 1970)
Relevant factsFree
Smalich, a passenger and owner of the car driven by Westfall (defendant), was killed when the car collided with Blank's (defendant) car; the jury found Westfall's negligence contributed to the accident but ruled for Smalich's estate against Blank, yet the trial court entered judgment notwithstanding the verdict for Blank, imputing Westfall's contributory negligence to Smalich as the car's owner.
IssueFree
Whether a driver's contributory negligence is imputed to the passenger if the passenger would not be vicariously liable for the negligent acts of the driver.