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KOVACS v. STURGEON

Docket No. 9232.

274 Cal.App.2d 478 (1969)

79 Cal. Rptr. 426

WILLIAM A. KOVACS, Plaintiff and Appellant, v. ROBERT EVERETTE STURGEON et al., Defendants and Respondents.

Court of Appeals of California, Fourth District, Division Two.

June 30, 1969.

Attorney(s) appearing for the Case

Harry G. Andrews for Plaintiff and Appellant.

King & Mussell, Stanley Mussell, Jr., Thompson & Colegate and Arthur W. Kelly, Jr., for Defendants and Respondents.

McCABE, P.J.

Plaintiff, William Kovacs, appeals from a judgment entered upon a defense verdict in a personal injury action which arose out of a collision between a motor vehicle driven by defendant, Sturgeon, and plaintiff as a pedestrian.

The principal issue of this appeal is whether the trial court was justified, under the facts, in instructing on the doctrine of assumption of risk. We have determined it was error,

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