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MAUPIN v. WIDLING

Docket No. B015047.

192 Cal.App.3d 568 (1987)

237 Cal. Rptr. 521

JOSEPHINE MAUPIN, Plaintiff and Appellant, v. ALAN CLARK WIDLING, Defendant and Respondent.

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

June 9, 1987.

Attorney(s) appearing for the Case

COUNSEL

Frazier, Dame & Doherty, Frazier, Doherty, Jennings & Neuhaus and Peter J. Groom for Plaintiff and Appellant.

Zajic & Lauritsen and Christopher J. Zajic for Defendants and Respondents.

OPINION

GILBERT, J.

Here we hold that the court erred in giving BAJI No. 3.75 (7th ed. 1986)* in conjunction with BAJI No. 3.79. The jury was likely confused by the use of two different but alternate tests for establishing cause in fact in a negligence action. We therefore reverse the judgment.

FACTS

The defendant Alan Widling was driving along State Street in Santa Barbara on the way...

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