Arellano v. Moreno

Opinion

COBEY, Acting P. J.

Plaintiff, Aurelio Arellano, appeals from a judgment, rendered on a ten to two verdict, in favor of defendant, Gerónimo C. Moreno, in plaintiff’s action for damages for injuries sustained by plaintiff when defendant’s automobile knocked another automobile into plaintiff.

Plaintiff contends that the trial court committed reversible error in (1) refusing BAJI No. 3.52, an instruction proffered by him to the effect that the contributory negligence of a plaintiff does not bar his recovery for an injury caused by the wilful or wanton misconduct of a defendant; (2) giving…