Koll v. Manatt's Transportation Co.

HARRIS, Justice.

This wrongful death suit arose from a fatal accident in which a young workman lost his life July 13, 1972. Trial to a jury resulted in a defendant’s verdict. This appeal challenges the “unavoidable accident” instruction, a trial court ruling striking certain specifications of negligence, and a trial court ruling denying a motion for permission to amend to conform with the proof. We do not reach a third assignment because, it involves a matter not likely to recur. We reverse the trial court and remand the case for a new trial.

During June and July of 1972 Manatt’s, Inc. was…