Vanoni v. Western Airlines

CourtCalifornia Court of Appeals
Writing for the CourtELKINGTON; MOLINARI, P.J., and SIMS
Citation56 Cal.Rptr. 115,247 Cal.App.2d 793
PartiesRichard VANONI, Vivian Vanoni, Carl Havercamp, Terry Havercamp, Arthur Zlef and Dorriane Zief, Plaintiffs and Appellants, v. WESTERN AIRLINES, a corporation, Defendant and Respondent. Civ. 23298.
Decision Date18 January 1967

Page 115

56 Cal.Rptr. 115
247 Cal.App.2d 793
Richard VANONI, Vivian Vanoni, Carl Havercamp, Terry Havercamp, Arthur Zlef and Dorriane Zief, Plaintiffs and Appellants,
v.
WESTERN AIRLINES, a corporation, Defendant and Respondent.
Civ. 23298.
Court of Appeal, First District, Division 1, California.
Jan. 18, 1967.

[247 Cal.App.2d 794] James D. Lia. San Francisco, for appellants.

Bronson, Bronson & McKinnon, San Francisco, for respondent.

ELKINGTON, Justice.

Plaintiffs appeal from a judgment of dismissal entered pursuant to an order sustaining defendant's general demurrer without leave to amend.

Plaintiffs filed a complaint for damages against Western Airlines and several 'Does' alleging, Inter alia, that on October 18, 1964, plaintiffs were paying passengers on a certain flight departing from Las Vegas, Nevada, with the destination of said flight being Los Angeles, California. The complaint continues 'that plaintiffs, and each of them, purchased tickets in San Francisco, California, and at said place contracted with defendants, and each of them, for a round-trip flight to Las Vegas, Nevada, and return to the City and County of San Francisco, State of California.

'That on or about the 18th day of October, 1964, while plaintiffs * * * were on the return flight to San Francisco, California, from Las Vegas, Nevada, and while on that part of the flight that was going to Los Angeles, California, approximately 45 minutes flight time outside of Las Vegas, Nevada, defendants * * * so carelessly and negligently maintained, owned, operated and controlled the aforesaid aircraft

Page 116

so as to lead plaintiffs * * * to believe that said aircraft was in mechanical trouble, and further led plaintiffs * * * to believe that said aircraft was going to crash; that in fact the above careless and negligent actions and words of defendants * * * were false although believed to be true and acted upon by plaintiffs, * * *.'

Then comes the language which is the subject of this appeal--'That as a result of the carelessness and negligence of defendants, and each of them as aforesaid, plaintiff * * * was caused great grievous mental suffering, anguish and anxiety and Suffered severe shock to his nerves and nervous system and suffered other injuries, the exact nature and extent of which are unknown * * * and plaintiff prays leave to amend and insert same herein when fully ascertained.' (Emphasis added.)

Each plaintiff prayed for general damages in the sum of $50,000 and for special damages in an amount not yet fully ascertained.

Defendant demurred generally to the complaint on the grounds that it did not state facts sufficient to constitute a cause of action. The matter came on for hearing and an order sustaining the demurrer without leave to amend was entered. [247 Cal.App.2d 795] A judgment of dismissal was entered pursuant to this order and it is from this judgment that plaintiffs appeal.

Plaintiffs have evidently elected to stand or fall upon the complaint as framed and have raised no issue pertaining to abuse of discretion in sustaining the demurrer without leave to amend. Accordingly the only issue before us is whether the complaint states a cause of action.

We need not elaborately recount the rules regarding the interpretation of pleadings. California is committed to the rule of liberal construction of pleadings, with a view to substantial justice between the parties. (Code Civ.Proc., § 452; Simons v. County of Kern (1965) 234 Cal.App.2d 362, 367, 44 Cal.Rptr. 338; Chavez v. Sargent (1959) 52 Cal.2d 162, 339 P.2d 801; and see 2 Witkin, Cal. Procedure,...

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25 practice notes
  • Bro v. Glaser, No. E010924
    • United States
    • California Court of Appeals
    • February 24, 1994
    ...section 437c of the Code of Civil Procedure. 3 An interesting variation on this theme was present in Vanoni v. Western Airlines (1967) 247 Cal.App.2d 793, 56 Cal.Rptr. 115. In Vanoni, the plaintiffs in graphic terms alleged that defendant had "so carelessly and negligently maintained, owned......
  • Shepard v. Superior Court
    • United States
    • California Court of Appeals
    • December 19, 1977
    ...negligent infliction of emotional harm (Amaya v. Home Ice, Fuel & Supply Co., supra, 59 Cal.2d 295; Vanoni v. Western Airlines (1967) 247 Cal.App.2d 793, 56 Cal.Rptr. 115; Gautier v. General Telephone Co. (1965) 234 Cal.App.2d 302, 44 Cal.Rptr. 404; Espinosa v. Beverly Hospital (1952) 114 C......
  • Lawson v. Management Activities, Inc., No. G019872
    • United States
    • California Court of Appeals
    • January 27, 1999
    ...of others), partially overruled by Dillon v. Legg, 68 Cal.2d 728, 69 Cal.Rptr. 72, 441 P.2d 912 (1968); Vanoni v. Western Airlines, 247 Cal.App.2d 793, 56 Cal.Rptr. 115 (1967). These cases have never been overruled, and I agree with the majority that they remain good law." (In re Air Crash ......
  • Potter v. Firestone Tire & Rubber Co., No. S018831
    • United States
    • United States State Supreme Court (California)
    • December 27, 1993
    ...Lewald Coal Co. (1931) 214 Cal. 182, 4 P.2d 532; Lindley v. Knowlton (1918) 179 Cal. 298, 176 P. 440; Vanoni v. Western Airlines (1967) 247 Cal.App.2d 793, 56 Cal.Rptr. 115; see also Dillon v. Legg (1968) 68 Cal.2d 728, 738, fn. 4, 69 Cal.Rptr. 72, 441 P.2d 912 [citing "California's rule th......
  • Request a trial to view additional results
25 cases
  • Bro v. Glaser, No. E010924
    • United States
    • California Court of Appeals
    • February 24, 1994
    ...section 437c of the Code of Civil Procedure. 3 An interesting variation on this theme was present in Vanoni v. Western Airlines (1967) 247 Cal.App.2d 793, 56 Cal.Rptr. 115. In Vanoni, the plaintiffs in graphic terms alleged that defendant had "so carelessly and negligently maintained, owned......
  • Shepard v. Superior Court
    • United States
    • California Court of Appeals
    • December 19, 1977
    ...negligent infliction of emotional harm (Amaya v. Home Ice, Fuel & Supply Co., supra, 59 Cal.2d 295; Vanoni v. Western Airlines (1967) 247 Cal.App.2d 793, 56 Cal.Rptr. 115; Gautier v. General Telephone Co. (1965) 234 Cal.App.2d 302, 44 Cal.Rptr. 404; Espinosa v. Beverly Hospital (1952) 114 C......
  • Lawson v. Management Activities, Inc., No. G019872
    • United States
    • California Court of Appeals
    • January 27, 1999
    ...of others), partially overruled by Dillon v. Legg, 68 Cal.2d 728, 69 Cal.Rptr. 72, 441 P.2d 912 (1968); Vanoni v. Western Airlines, 247 Cal.App.2d 793, 56 Cal.Rptr. 115 (1967). These cases have never been overruled, and I agree with the majority that they remain good law." (In re Air Crash ......
  • Potter v. Firestone Tire & Rubber Co., No. S018831
    • United States
    • United States State Supreme Court (California)
    • December 27, 1993
    ...Lewald Coal Co. (1931) 214 Cal. 182, 4 P.2d 532; Lindley v. Knowlton (1918) 179 Cal. 298, 176 P. 440; Vanoni v. Western Airlines (1967) 247 Cal.App.2d 793, 56 Cal.Rptr. 115; see also Dillon v. Legg (1968) 68 Cal.2d 728, 738, fn. 4, 69 Cal.Rptr. 72, 441 P.2d 912 [citing "California's rule th......
  • Request a trial to view additional results

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