Gardner v. City of San Jose

DEVINE, J.*

The City of San Jose appeals from judgment upon a verdict in amount $90,000. The amount would have been $100,000 but the jury was instructed that if the verdict were for plaintiff, they should deduct $10,000 which had been paid by the insurance carrier for another defendant, Joanne Mitchell, the full amount of Mrs. Mitchell’s policy. Mrs. Mitchell was the driver of an automobile which struck plaintiff, Sharon Gardner, while she was crossing Naglee Avenue in a crosswalk. Plaintiff’s action against the city is grounded on asserted dangerous condition of public property.

Plaintiff, a…