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GARDNER v. CITY OF SAN JOSE

Docket No. 22442.

248 Cal.App.2d 798 (1967)

57 Cal. Rptr. 176

SHARON GARDNER, a Minor, etc., Plaintiff and Respondent, v. CITY OF SAN JOSE, Defendant and Appellant.

Court of Appeals of California, First District, Division Three.

February 27, 1967.

Attorney(s) appearing for the Case

Ferdinand P. Palla, City Attorney, Sedgwick, Detert, Moran & Arnold, Hoge, Scott Conley and Fenton, Jones & Appel for Defendant and Appellant.

Hilton J. Melby, City Attorney (Oakland), Kenneth W. Hoagland, City Attorney (Bakersfield), Harold A. Irish, City Attorney (Ukiah), Earl D. Murphy, City Attorney (Redding), Donald E. Olsen, City Attorney (Culver City), and M. Tellefson as Amici Curiae on behalf of Defendant and Appellant.

Boccardo, Blum, Lull, Niland, Teerlink & Bell, Edward J. Niland and David S. Lull for Plaintiff and Respondent.

DEVINE, J.*

The City of San Jose appeals from judgment upon a verdict in amount $90,000. The amount would have been $100,000 but the jury was instructed that if the verdict were for plaintiff, they should deduct $10,000 which had been paid by the insurance carrier for another defendant, Joanne Mitchell, the full amount of Mrs. Mitchell's policy. Mrs. Mitchell was the driver of an automobile which struck plaintiff, Sharon Gardner, while...

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