Horton v. Mondragon

METZGER, Judge.

In this negligence action plaintiff, Gari M. Horton, natural guardian of minor Angelita Horton, appeals the trial court’s judgment entered on a jury verdict in favor of defendants, Laverne and Leo Mondra-gon. Plaintiff contends that the trial court erred 1) in failing to grant a directed verdict for plaintiff on the issue of liability, and 2) in refusing to give his tendered “look but not see” instruction. We reverse and remand for a new trial.

On October 10, 1981, 23-month-old Angelita Horton, dressed in red, was playing on the sidewalk in the middle of the driveways next to…