O'KELLY v. Willig Freight Lines

JEFFERSON (Bernard), J.

I concur in part and dissent in part.

The majority opinion poses the issue before us as one dealing with the power of a trial court in an action tried under the doctrine of comparative negligence, pronounced in Li v. Yellow Cab Co. (1975) 13 Cal.3d 804 [119 Cal.Rptr. 858, 532 P.2d 1226], to grant a new trial limited to the issue of apportionment of damages. I disagree with this statement of the issue presented in the case at bench because, in my opinion, the trial court did not purport to grant a new trial limited to the sole issue of apportionment of damages. As I…