Nunneley v. Edgar Hotel

I dissent.

I agree that the trial court’s instructions concerning negligence per se were erroneous. I do not agree, however, that the error was not prejudicial.

If there are two independent grounds upon which a verdict may have been based, erroneous instructions as to one ground will not justify reversal if it clearly appears that the verdict was based upon the other ground. (Oettinger v. Stewart, 24 Cal.2d 133, 140 [148 P.2d 19, 156 A.L.B. 1221].) Thus, there need be no reversal if such other ground is established as a matter of law (Clement v. State Reclamation Board, 35 Cal.2d 628, 643 [220…