Court of Appeals for the Ninth Circuit March 30, 1981, 79-4277 (Joseph C. Plyler v. Wheaton Van Lines, an Indiana Corporation and Raymond G. Hutton)

KENNEDY, Circuit Judge:

Before California adopted the comparative negligence principle in

Li v. Yellow Cab Co.,

13 Cal.3d 804, 119 Cal.Rptr. 858, 532 P.2d 1226 (1975), the state rule was that a plaintiff’s contributory negligence did not bar or diminish recovery if the defendant was guilty of wanton and wilful misconduct.