PHELPS v. SUPERIOR COURT

Docket No. 65738.

136 Cal.App.3d 802 (1982)

186 Cal. Rptr. 626

EUGENE PHELPS, Petitioner, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent; ABLE AUTO ADJUSTERS et al., Real Parties in Interest.

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

October 21, 1982.


Attorney(s) appearing for the Case

COUNSEL

James H. Davis and Martin B. Berman for Petitioner.

No appearance for Respondent.

Hast & Sabatasse, Patrick J. Hast and Gary S. Soter for Real Parties in Interest.


OPINION

KINGSLEY, J.

This proceeding in mandate was initiated by a plaintiff in a personal injury action seeking to compel the trial court to enter an interlocutory judgment on certain special verdicts finding defendants derivatively liable by reason of their ratification of intentional torts committed by their agents, despite the fact a mistrial had been declared because the jury poll revealed inconsistency in the voting of jurors...

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