PAPPAS v. CARSON

Docket No. 45079.

50 Cal.App.3d 261 (1975)

123 Cal. Rptr. 343

GEORGE PAPPAS et al., Plaintiffs and Appellants, v. NORMA CARSON, Defendant and Respondent.

Court of Appeals of California, Second District, Division One.

July 30, 1975.


Attorney(s) appearing for the Case

COUNSEL

Bogert, Ehrmann, Halpern, Haile & Buckner, Gordon, Lipstone & Jacoves and Lawrence B. Haile for Plaintiffs and Appellants.

Dunne, Shallcross & Kane and Mark C. Kane for Defendant and Respondent.


OPINION

THOMPSON, J.

In this appeal from a judgment for defendant-respondent in an action for damage to property, appellants contend the trial court prejudicially erred in refusing requested conditional res ipsa loquitur instructions and in commenting to the jury so as to confuse it and prejudice the plaintiffs' case. We conclude that the trial court prejudicially erred in not instructing on the applicability of conditional res ipsa...

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