HAUTER v. ZOGARTS

Docket No. L.A. 30216.

14 Cal.3d 104 (1975)

534 P.2d 377

120 Cal. Rptr. 681

FRED E. HAUTER, JR., a Minor, etc., et al., Plaintiffs and Respondents, v. RUDY C. ZOGARTS et al., Defendants and Appellants.

Supreme Court of California. In Bank.

April 28, 1975.


Attorney(s) appearing for the Case

COUNSEL

Chase, Rotchford, Drukker & Bogust, Ronald A. Dwyer, W. Michael Hartman, Groff, Dunne, Shallcross & Kane and Russell E. Shallcross for Defendants and Appellants.

Getz, Aikens & Manning and George E. Leaver for Plaintiffs and Respondents.


OPINION

TOBRINER, J.

After the jury found for defendants in this products liability case, the trial court granted plaintiff's motion for judgment notwithstanding the verdict. (Code Civ. Proc., § 629.) Defendants appeal, claiming that substantial evidence supports the jury's verdict.

We discuss below each theory of liability: plaintiff's first cause of action for misrepresentation, their second cause of action for breach...

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