Darr v. Lone Star Industries, Inc.

Opinion

REYNOSO, J.

This appeal follows a judgment dismissing plaintiff’s personal injury action entered upon an order granting defendant’s motion for nonsuit.

Plaintiff sustained injury when he dove into the American River from a low level bridge located a short distance downstream from the public bridge crossing at Sunrise Boulevard in Sacramento County. As a result of the dive, plaintiff suffers partial permanent paralysis. Following the accident, plaintiff filed a complaint for damages.1 At the close of plaintiff’s case, defendant filed a motion for nonsuit based on Civil Code section 846,…