Hyatt v. Sierra Boat Co.

Opinion

ANELLO, J. *

—This is an appeal taken from a judgment entered upon a jury verdict in favor of plaintiff. The action is one for damages for personal injuries suffered as a result of an automobile accident on September 22, 1971. The case was tried subsequent to Li v. Yellow Cab Co. (1975) 13 Cal.3d 804 [119 Cal.Rptr. 858, 532 P.2d 1226, 78 A.L.R.3d 393], wherein the Supreme Court adopted the comparative negligence system assessing liability in direct proportion to fault.

Sometime after midnight on the date of the accident John Hyatt, plaintiff and respondent herein, was driving a 1960…