Candido v. Huitt
California Court of Appeal
1Opinion of the Court
Opinion
WORK, J.
Nicholas J. Candido appeals an order granting a new trial- on the ground of insufficiency of the evidence after a jury specifically found *921his negligence in driving his motorcycle was not a proximate cause of his injuries sustained when he struck an unlit truck stopped at night in the “fast” lane of a freeway. (Code Civ. Proc., § 657, subd. 6.) We find the trial court’s reasons for granting the motion are adequately specified and the order is within the trial court’s broad discretion. However, we limit the new trial to the issues of Candido’s comparative negligence and proximate…
2Cases cited10 opinions
- Mercer v. PerezCalifornia Supreme Court · 1968
- Silberg v. California Life InsuranceCalifornia Supreme Court · 1974
- Stevens v. Parke, Davis & Co.California Supreme Court · 1973
- Jiminez v. Sears, Roebuck & Co.California Supreme Court · 1971
- Leipert v. HonoldCalifornia Supreme Court · 1952
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3Cited by4 opinions
- Falls v. Superior CourtCalifornia Court of Appeal · 1987
- County of San Diego v. BressiCalifornia Court of Appeal · 1986
- Candido v. HuittCalifornia Court of Appeal · 1984
- Kabran v. Sharp MemorialCalifornia Court of Appeal · 2015