Whitfield v. Debrincat

BRAY, J., pro tem.

This is an appeal by plaintiff from an order granting defendant a new trial in an action for per-' sonal injuries, after trial before a jury wherein a verdict for $19,000 was rendered for plaintiff. The order granting the new trial was based “on the sole ground of surprise occurring at the trial, which ordinary prudence could' not have guarded against”. This was the second trial of this action; the first one resulted in a verdict for $750 in defendant’s favor and a new trial was granted on the ground of insufficiency of evidence.

The accident occurred on the Skyline Boulevard…