Kimball v. Whetzel

Opinion

TAYLOR, J.

The only question presented by this appeal is the propriety of an order granting plaintiff’s motion for a new trial for an error of law. Plaintiff filed this action for personal injuries sustained in a collision when her vehicle was rear-ended by a vehicle driven by defendant. After the jury brought in a verdict for defendant, the court granted the motion for a new trial because it had failed to give an instruction based on Vehicle Code section 22110. Defendant argues that the order cannot be sustained as the error was not prejudicial and not objected to by plaintiff. We…