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AMERICAN EMPLOYER'S INS. CO. v. SMITH

Docket No. 17859.

105 Cal.App.3d 94 (1980)

163 Cal. Rptr. 649

AMERICAN EMPLOYER'S INSURANCE COMPANY et al., Plaintiffs and Appellants, v. MICHAEL SMITH, Defendant and Respondent. UNITED STATES FIDELITY AND GUARANTY COMPANY, Plaintiff, v. MICHAEL SMITH, Defendant and Respondent; AMERICAN EMPLOYER'S INSURANCE COMPANY et al., Defendants and Appellants.

Court of Appeals of California, Third District.

April 24, 1980.

Attorney(s) appearing for the Case

COUNSEL

Cole & Cole and Stephen N. Cole for Plaintiffs and Appellants and Defendants and Appellants.

Michael Smith, in pro. per., Hardy, Erich & Brown, William A. Wilson and David W. Janes for Defendant and Respondent.

OPINION

REYNOSO, J.

Did the trial court err in granting a nonsuit on a negligence cause of action on the ground that the evidence showed the tortious conduct of defendant to have been intentional? In the context of the posture of the litigation we describe below we hold that it is not a defense to a negligence cause of action that the evidence supports a finding of greater culpability. It was therefore error for the trial court to...

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