Maupin v. Widling

Opinion

GILBERT, J.

Here we hold that the court erred in giving BAJI No. 3.75 (7th ed. 1986) * in conjunction with BAJI No. 3.79. The jury was likely confused by the use of two different but alternate tests for establishing cause in fact in a negligence action. We therefore reverse the judgment.

Facts

The defendant Alan Widling was driving along State Street in Santa Barbara on the way back to high school after having lunch. Ahead of Widling by about 20 yards and approaching an intersection was the car driven by Mildred Carlson. Ahead of Carlson, partly protruding from the extreme left turning…