O'KELLY v. WILLIG FREIGHT LINES

Docket No. 49153.

66 Cal.App.3d 578 (1977)

136 Cal. Rptr. 171

KIDDIE O'KELLY, Plaintiff and Respondent, v. WILLIG FREIGHT LINES et al., Defendants and Appellants.

Court of Appeals of California, Second District, Division Four.

January 28, 1977.


Attorney(s) appearing for the Case

COUNSEL

Horgan & Robinson, Mark P. Robinson and Steven L. Anderson for Defendants and Appellants.

Lewis & Waters and Joseph Lewis for Plaintiff and Respondent.


OPINION

KINGSLEY, Acting P.J.

Defendants appeal from an order of the trial court granting plaintiff's motion for a new trial. For the reasons set forth below, we modify the order and affirm it as modified.

This is a case of first impression in California 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)

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