Garcia v. Puchi

OPINION

ALICE TRUMAN,

Judge of the Superi- or Court.

Appellee, plaintiff below, was granted a new trial after a defense verdict1 in his suit for personal injuries against appellants, defendants below. (We shall hereinafter refer to the parties as plaintiff and defendants.) The lower court, in granting the plaintiff’s motion for a new trial, stated as its reason that it had erred in giving a contributory negligence instruction since there was no evidence of such negligence on the part of the plaintiff.

Defendants claim two grounds for reversal: (1) Their motion for a directed verdict should have…