O'KELLY

Defendants appeal from an order of the trial court granting plaintiff’s motion for a new trial. For the reasons set forth below, we modify the order and affirm it as modified.

This is a case of first impression in California dealing with the power of a trial court, in an action tried under the doctrine of comparative negligence pronounced in Li v. Yellow Cab Co. (1975) 13 Cal.3d 804 [119 Cal.Rptr, 858, 532 P.2d 1226 ], to grant .a limited new trial on the issue of apportionment of damages. (This case was tried after the Li case became effective.)

Plaintiff parked her automobile, briefly, near to the right curb on a four-lane city street. Defendants’ truck, attempting to pass her parked car, struck the left rear fender of plaintiff’s car, causing both property *581 damage and personal injuries to' plaintiff. The evidence was conflicting both as to the conduct of the parties and as to the extent of the personal injuries. 1 On the issue of negligence, the evidence for plaintiff was that she had parked parallel to the curb and within the statutory limits for a curb-side parking and that, after the accident, defendant driver had said, “I’m sorry. It was my fault.” The…

I concur in part and dissent in part.

The majority opinion poses the issue before us as one dealing with the power of a trial court in an action tried under the doctrine of comparative negligence, pronounced in Li v. Yellow Cab Co. (1975) 13 Cal.3d 804 [ 119 Cal.Rptr. 858 , 532 P.2d 1226 ], to grant a new trial limited to the issue of apportionment of damages. I disagree with this statement of the issue presented in the case at bench because, in my opinion, the trial court did not purport to grant a new trial limited to the sole issue of apportionment of damages. As I construe the trial court’s order, it was clearly one that granted plaintiff’s motion for a new trial, without limitation on the issues to be retried. It is the majority’s opinion that limits and directs a new trial on the one specific issue — not the trial court’s order.

But I do not limit my disagreement with the majority’s opinion that construes the trial court’s order granting a new trial as being limited to this one issue. I also disagree with the action taken by the majority in deciding that the only issue which is to be retried is a redetermination of the comparative negligence between plaintiff and…

KINGSLEY, Acting P.J.

Defendants appeal from an order of the trial court granting plaintiff's motion for a new trial. For the reasons set forth below, we modify the order and affirm it as modified.

This is a case of first impression in California dealing with the power of a trial court, in an action tried under the doctrine of comparative negligence pronounced in Li v. Yellow Cab Co. (1975) 13 Cal.3d 804 [ 119 Cal. Rptr. 858 , 532 P.2d 1226 ], to grant a limited new trial on the issue of apportionment of damages. (This case was tried after the Li case became effective.)

Plaintiff parked her automobile, briefly, near to the right curb on a four-lane city street. Defendants' truck, attempting to pass her parked car, struck the left rear fender of plaintiff's car, causing both property damage and personal injuries to plaintiff. The evidence was conflicting both as to the conduct of the parties and as to the extent of the personal injuries. [1] On the issue of negligence, the evidence for plaintiff was that she had parked parallel to the curb and within the statutory limits for a curb-side parking and that, after the accident, defendant driver had said, "I'm sorry. It was…