Vasquez v. Alameda

Plaintiff appeals from an adverse judgment entered pursuant to a jury’s verdict in his action to recover for personal injuries suffered in a highway accident. We have concluded that plaintiff’s claims of error in the jury instructions are immaterial and need not be discussed because the uncontradicted evidence overwhelmingly supports the jury’s implied determination that plaintiff’s own conduct at the least constituted negligence which proximately contributed to his injuries. Hence, no miscarriage of justice is shown and the judgment should be affirmed.

At about 1 o ’clock on a March morning…