Paskil v. Leigh Rich Corp.
California Court of Appeal
1Opinion of the CourtHerndon, J.
Defendants appeal from an order granting plaintiff’s motion for a new trial. The sole ground upon which the new trial was granted was that error in law was committed in giving the “unavoidable accident” instruction (BAJI No. 134) condemned (except in special situations) in Butigan v. Yellow Cab Co., 49 Cal.2d 652 [320 P.2d 500], Defendants urge that under the peculiar facts of the instant case (1) the giving of the instruction did not constitute error, and (2) if there was error, it was not prejudicial.
Plaintiff seeks recovery of damages for personal injuries allegedly suffered as the result…
2Cases cited14 opinions
- Butigan v. Yellow Cab Co.California Supreme Court · 1958
- Brandelius v. City & County of San FranciscoCalifornia Supreme Court · 1957
- Shaw v. Pacific Greyhound LinesCalifornia Supreme Court · 1958
- Sloboden v. Time Oil Co.California Court of Appeal · 1955
- Martz v. RuizCalifornia Court of Appeal · 1958
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3Cited by2 opinions
- Dabis v. San Francisco Redevelopment AgencyCalifornia Court of Appeal · 1975
- Spiers v. Lake Shore Enterprises, Inc.Louisiana Court of Appeal · 1968