GOTCHER v. METCALF

Docket No. 1110.

6 Cal.App.3d 96 (1970)

85 Cal. Rptr. 566

GORDON J. GOTCHER et al., Plaintiffs and Appellants, v. CURTIS E. METCALF, Defendant and Appellant.

Court of Appeals of California, Fifth District.

March 27, 1970.


Attorney(s) appearing for the Case

COUNSEL

Adon V. Panattoni for Plaintiffs and Appellants.

Hardin, Fletcher, Cook & Hayes and Cyril Viadro for Defendant and Appellant.


OPINION

COAKLEY, J.

Helen L. Gotcher was killed in a mid-air collision between a single-engine Piper Comanche and a single-engine Beechcraft Debonair. The jury returned a verdict for the defendant, and judgment was entered accordingly. Plaintiffs moved for a new trial upon numerous grounds. The motion was granted on the ground of "irregularity in the proceedings of the adverse party as shown in the record." (Code Civ. Proc.,

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