Legal Opinion
Neal v. Montgomery Elevator Co.
California Court of Appeal
Decided June 30, 1992No. G011178PublishedCited by 11 opinions
1Opinion of the Court
Opinion
WALLIN, J.
Montgomery Elevator Company appeals from the order granting Steven Neal’s motion for a new trial on his cause of action for strict liability arising out of the amputation of his hand during maintenance work on an elevator manufactured by Montgomery. The trial court granted the motion because the special verdict form had not been revised to comport with the burden of proof instruction set forth in Bernal v. Richard Wolf Medical Instruments Corp. (1990) 221 Cal.App.3d 1326 [272 Cal.Rptr. 41]. Montgomery claims such a revision is not necessary under Bernal and, furthermore, Neal…
2Cases cited9 opinions
- Barker v. Lull Engineering Co.California Supreme Court · 1978
- Mercer v. PerezCalifornia Supreme Court · 1968
- Sanchez-Corea v. Bank of AmericaCalifornia Supreme Court · 1985
- Malkasian v. IrwinCalifornia Supreme Court · 1964
- Miller v. National American Life InsuranceCalifornia Court of Appeal · 1976
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3Cited by11 opinions
- McCoy v. GustafsonCalifornia Court of Appeal · 2009
- Shapiro v. Prudential Property & Casualty Co.California Court of Appeal · 1997
- Hand Electronics, Inc. v. Snowline Joint Unified School DistrictCalifornia Court of Appeal · 1994
- McCarty v. Department of TransportationCalifornia Court of Appeal · 2008
- Collins v. Union Pacific RailroadCalifornia Court of Appeal · 2012
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