Levy-Zentner Co. v. SOUTHERN PAC. TRANSPORTATION

In these consolidated actions, Southern Pacific Transportation Company (Southern Pacific) appeals from adverse judg ments entered on ten-two verdicts in favor of the tenants and owners, who sought property damages after Southern Pacific’s Kentucky Street warehouse (warehouse) was completely destroyed by a five-alarm fire on June 29, On its appeals, Southern Pacific contends that the cumulative effect of the following errors on the only and close issue of its liability requires, reversal: 1) insufficiency of the evidence to support the judgment and verdict, as there was no substantial evidence of its negligence; 2) the court’s conditional res ipsa instruction and refusal of Southern Pacific’s proffered instructions on contributory negligence and BAJI No. 3.13 (right to assume the good conduct of others); 3) the admission into evidence of certain accident reports prepared by some of Southern Pacific’s employees; 4) the introduction into evidence of a request for the admission of interrogatories propounded by Southern Pacific to its codefendant Reikes, and Reikes’ responses; and 5) the exclusion of Southern Pacific’s evidence as to its duty of reasonable care under the…