Parodi v. City & County of San Francisco

Plaintiff appeals from a judgment in favor of defendant entered upon a motion made pursuant to section 630, Code of Civil Procedure (granting a previously denied motion for directed verdict after jury fails to reach a verdict).

Question Presented

Propriety of granting the motion. This depends solely upon whether the variance between the place of accident described in the claim presented to the city and in the original complaint and that described in the amended complaint and in plaintiff’s proof is fatal.

Facts

Plaintiff’s complaint alleged that she was injured while a passenger on defendant’s…