Pettigrew
Pettigrew v. Grand Rent-A-Car
Opinion
Opinion
Danielson, J.
Duchess Pettigrew appeals from an order made after judgment correcting the amount of the judgment by reducing the award of damages to $15,000 to conform to the limit fixed by Vehicle Code section 17151. The issue presented is whether a court has the power to correct its judgment, after it has been entered, by reducing the amount of a jury verdict to the amount of the maximum liability prescribed by law. We affirm.
Facts
Appellant was injured when a vehicle in which she was a passenger was involved in an accident. She filed an action for damages against the driver of the vehicle, Evonne Cornill, and the owner, respondent Grand Rent-A-Car, as well as Does I through X. The complaint alleged, inter alia, that each of the defendants acted as agent and employee of the others, and was acting within the scope of such agency or employment, at the time of the accident. The summons and complaint were served upon respondent, but not upon Cornill.
Respondent filed an answer, denying the allegations of the complaint and alleging contributory negligence. Thereafter, the parties stipulated to dismissal of the action as to the unserved defendants, and on September 22, 1981, the jury…