GONZALEZ v. GARCIA

Docket No. 49230.

75 Cal.App.3d 874 (1977)

142 Cal. Rptr. 503

JUAN R. GONZALEZ, Plaintiff and Respondent, v. FRANCISCO V. GARCIA, Defendant and Appellant.

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

December 13, 1977.


Attorney(s) appearing for the Case

COUNSEL

Cavalletto, Webster, Mullen & McCaughey, William L. Gordon, Ellis J. Horvitz and Edward J. Horowitz for Defendant and Appellant.

Dunlap, Melville & Iwasko and Gary J. Dunlap for Plaintiff and Respondent.


OPINION

STEPHENS, J.

This appeal is taken from a judgment entered upon a jury verdict in favor of plaintiff. The action is one for damages for personal injuries suffered as a result of an automobile accident. The sole issue presented in the appeal is whether the trial court erred in refusing to instruct the jury on the defense of assumption of risk. The case was tried subsequent to Li v. Yellow Cab Co. (1975)

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