Rangel

Rangel v. Graybar Electric Co.

Good Law
139 Cal. Rptr. 191·1977 Cal. App. LEXIS 1583·70 Cal. App. 3d 943
Court of Appeal of CaliforniaJune 22, 1977Civ. 49419California2,666 words

Opinion

Opinion

Lillie, J.

Plaintiff appeals from judgment entered on a jury verdict finding her negligence to have proximately contributed to the extent of 95 percent to her injury arising out of an automobile-pedestrian accident.

On the morning of August 6, 1971, plaintiff, then 14 years old, and a friend were on their way to attend the last day of summer session at Virgil Junior High School; while crossing the street plaintiff was struck by an automobile driven by Hector Cantua, whose negligence was conceded to be imputable to his employer, Graybar Electrical Company, Inc.

In connection with appellant’s initial contention that there is no substantial evidence to support the jury’s determination of the relative degrees of negligence of herself and Cantua, we note first that just as the determination of negligence and contributory negligence is ordinarily a matter for the trier of fact (Vinson v. Ham Bros. Constr., Inc., 1 Cal.App.3d 990, 993 [ 87 Cal.Rptr. 12 ]), so is the determination of relative fault (see Li v. Yellow Cab Co., 13 Cal.3d 804, 824 [ 119 Cal.Rptr. 858 , 532 P.2d 1226]); and that we must view the evidence in the light most favorable to the prevailing party giving him the…

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