JIMINEZ v. SEARS, ROEBUCK & CO.

Docket No. S.F. 22785.

4 Cal.3d 379 (1971)

482 P.2d 681

93 Cal. Rptr. 769

JESSE JIMINEZ, Plaintiff and Respondent, v. SEARS, ROEBUCK & COMPANY et al., Defendants and Appellants.

Supreme Court of California. In Bank.

March 24, 1971.


Attorney(s) appearing for the Case

COUNSEL

Channell, McNamara & Lewis, McNamara, Lewis & Craddick, Daniel J. McNamara and Richard G. Logan for Defendants and Appellants.

Goodman, Herbert & Lucas and F. Richard Lucas for Plaintiff and Respondent.


OPINION

PETERS, J.

In this action for personal injuries, the jury returned a verdict for defendants. The trial court granted a motion for new trial, and defendants have appealed from the order granting the motion.

Plaintiff's testimony may be summarized as follows: He purchased a stepladder from defendant Sears, Roebuck & Company, and kept the ladder in a storage room in his backyard. A few days before the accident he...

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