Legal Opinion

Gicking v. Kimberlin

California Court of Appeal

Decided July 16, 1985No. B005047Published

1Opinion of the Court

*75Opinion

STONE, P. J.

This is an appeal from a judgment on jury verdict. We affirm.

Appellants sued respondents for damages as a result of a real property fire of unknown cause. During trial, appellant submitted both absolute and conditional res ipsa loquitur jury instructions. The court refused to give either instruction. The jury was given general negligence instructions. It rendered a judgment for respondents. Appellants’ motion for a new trial was denied.

The issue on appeal is whether the court committed prejudicial error by refusing to give the res ipsa loquitur instructions. We find the…

2Cases cited16 opinions

  1. Ybarra v. SpangardCalifornia Supreme Court · 1944
  2. Zentz v. Coca Cola Bottling Co.California Supreme Court · 1952
  3. Levy-Zentner Co. v. SOUTHERN PAC. TRANSPORTATIONCalifornia Court of Appeal · 1977
  4. Newing v. CheathamCalifornia Supreme Court · 1975
  5. Fowler v. SeatonCalifornia Supreme Court · 1964

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