Malkasian v. Irwin
California Supreme Court
1Opinion of the CourtPeters, J.
Plaintiff brought this action for the wrongful death of her son. The jury brought in a defense verdict. Plaintiff moved for a new trial. The motion was granted. Defendant appeals, contending that the order granting the new trial cannot be sustained on any of the grounds contained in the motion.
Before directly discussing the new trial proceedings, some reference should be made to the evidence.
The undisputed evidence shows that plaintiff’s son was killed in an accident which occurred on Highway 99, some 9 miles north of Fresno. At that point the road consisted of three lanes (southbound,…
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