LARA v. NEVITT

No. B172568.

19 Cal.Rptr.3d 865 (2004)

123 Cal.App.4th 454

Ramon LARA, Plaintiff and Appellant, v. Robert Charles NEVITT, Defendant and Respondent.

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

October 25, 2004.


Attorney(s) appearing for the Case

Rancano & Rancano and David C. Rancano, Modesto, for Plaintiff and Appellant.

Barry Bartholomew & Associates and Kathryn Albarian, Santa Monica, for Defendant and Respondent.


GRIMES, J.*

Appellant, a long-distance trucker, was the successful plaintiff in a personal injury case arising from a motor vehicle accident but claims there was no substantial evidence to support the jury's finding that he was 50 percent at fault for failing to wear a safety restraint while asleep in the sleeper berth of the truck, and the unjust verdict was the result of (1) instructional...

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