Gotcher v. Metcalf

Opinion

COAKLEY, J.

Helen L. Gotcher was killed in a mid-air collision between a single-engine Piper Comanche and a single-engine Beechcraft Debonair. The jury returned a verdict for the defendant, and judgment was entered accordingly. Plaintiffs moved for a new trial upon numerous grounds. The motion was granted on the ground of “irregularity in the proceedings of the adverse party as shown in the record.” (Code Civ. Proc., *99§ 657, subd. 1.) The reason given was that the defendant’s counsel “without prior consultation and/or approval of the court, read certain proposed and improper instructions…