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KLEMME v. HOAG MEMORIAL HOSPITAL PRESBYTERIAN

Docket No. 20734.

103 Cal.App.3d 640 (1980)

163 Cal. Rptr. 109

CLAIRE BRYANT KLEMME, Plaintiff and Respondent, v. HOAG MEMORIAL HOSPITAL PRESBYTERIAN et al., Defendants and Appellants.

Court of Appeals of California, Fourth District, Division Two.

March 21, 1980.

Attorney(s) appearing for the Case

COUNSEL

Bonne, Jones, Bridges, Mueller & O'Keefe, Horvitz, Greines & Poster, Ellis J. Horvitz, Marc J. Poster and John L. Klein for Defendants and Appellants.

Horton, Barbaro & Reilly and Jay Cordell Horton for Plaintiff and Respondent.

OPINION

KAUFMAN, J.

(1a) This appeal raises the question, said to be a recurring problem in the trial courts, whether in a negligence action involving multiple defendants, the trial court may, at the plaintiff's request and over the defendants' objections, direct the jury to apportion comparative fault among the defendants by special verdict. We conclude that it may not and that the trial court in the case at bench erred...

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