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SIMMONS v. WEXLER

Docket No. 53965.

94 Cal.App.3d 1007 (1979)

156 Cal. Rptr. 810

BURT SIMMONS, Plaintiff and Appellant, v. FARA WEXLER, Defendant and Appellant.

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

July 16, 1979.

Attorney(s) appearing for the Case

COUNSEL

Herbert J. Beck, Sackin & Middleton and Herbert J. Beck for Defendant and Appellant.

Ned Good and Barry B. Novack for Plaintiff and Appellant.

OPINION

KINGSLEY, Acting P.J.

Plaintiff Simmons sued Wexler for personal injuries. Plaintiff was driving to work at 7:42 a.m. on his Honda motorcycle. He did not have his headlamps on. It was a sunny day, and the motorcycle brakes were in good condition, the weather was clear, and there was no other traffic on the two streets involved.

Debra Harris, a disinterested witness, was driving home in her van when she saw the accident...

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