Morris

Morris v. Thogmartin

Good Law
105 Cal. Rptr. 919·1973 Cal. App. LEXIS 1246·29 Cal. App. 3d 922
Court of Appeal of CaliforniaJanuary 11, 1973Civ. 1614California2,801 words

Opinion

Opinion

Brown, J.

The respondent, James Raymond Morris, recovered a judgment for personal injuries in the sum of $9,223.43 against the appellants, Dale Thogmartin and Wanda Thogmartin doing business as Dale’s Superette. The trial was before the judge sitting without a jury. Appellants contend that (1) the findings of fact are not supported by substantial evidence, and (2) the trial court committed reversible error in refusing appellants’ requést for specific findings.

We have concluded that the evidence supports the findings and judgment, but the cause must be remanded for the limited purpose of making the requested additional findings pursuant to the statutory mandate of Code of Civil Procedure section 634.

The evidence will be stated in a light most favorable to the respondent and in support of the judgment. (Leming v. Oilfields Trucking Co. (1955) 44 Cal.2d 343, 346 [ 282 P.2d 23 , 51 A.L.R.2d 107 ]; Richter v. Walker (1951) 36 Cal.2d 634, 640 [ 226 P.2d 593 ].)

Appellants owned and operated a small combination liquor-grocery store near Porterville, California. Wilbur Bagby was their clerk-manager. Respondent was a customer in the store who was injured during an altercation on the…

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