Metzger

Metzger v. Barnes

Bad Law
141 Cal. Rptr. 257·1977 Cal. App. LEXIS 1888·74 Cal. App. 2d 6·74 Cal. App. 3d 6
Court of Appeal of CaliforniaOctober 7, 1977Civ. 48877California2,578 words

Opinion

Opinion

Ashby, J.

—Plaintiff Metzger brought this action against defendants Barnes and Wescom for personal injuries received in a waterskiing accident. The matter was tried by a jury on the basis of comparative negligence. (Li v. Yellow Cab Co., 13 Cal.3d 804 [ 119 Cal.Rptr. 858 , 532 P.2d 1226 , 78 A.L.R.3d 393 ].) By special verdict the jury found there was negligence on the part of Barnes, Wescom, and plaintiff which contributed to plaintiff’s injuries; that of the combined negligence of plaintiff and defendants the portion attributable to plaintiff was 90 percent and the portion attributable to defendants was 10 percent; and that plaintiff’s damages, without reduction due to plaintiff’s negligence, totaled $20,114. The trial court therefore entered judgment for plaintiff for $2,011.40. Plaintiff appeals.

Plaintiff’s main contention is that the finding by the juiy that 90 percent of the combined negligence is attributable to plaintiff and 10 percent attributable to defendants is not supported by the evidence. In reviewing the evidence on appeal, all conflicts must be resolved in favor of the respondent and all legitimate and reasonable inferences indulged in to uphold the verdict if…

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