Towers

Towers v. Perez

Good Law
19 Cal. Rptr. 135·1962 Cal. App. LEXIS 2885·199 Cal. App. 2d 701
Court of Appeal of CaliforniaJanuary 31, 1962Civ. 25250California1,142 words

Opinion

Opinion

Shinn, J.

Louis Francis Perez and Karl Koerber were named codefendants with Clarence Arthur Towers in an action brought by John R. Morris for damage to his property as a result of a collision between motor vehicles. A jury trial was had in which a verdict was returned in favor of plaintiff against all defendants. Perez and Koerber moved for a new trial and a judgment notwithstanding the verdict; the latter motion was granted, and judgment was entered in their favor. Towers subsequently paid and satisfied the judgment and has instituted this appeal for reversal of the judgment as to Perez and Koerber and to establish his right of contribution against them. (Code Civ. Proc., §§ 875, 876.) He does not appeal from the judgment against him.

In reviewing a judgment notwithstanding the verdict, we must view the evidence in the light most favorable to the verdict (McFarland v. Voorheis-Trindle Co., 52 Cal.2d 698, 703 [ 343 P.2d 923 ]), and under the rule that a motion for judgment non obstante veredicto in favor of a defendant may properly be granted “ 1 “when, and only when, disregarding conflicting evidence, and giving to plaintiff’s evidence all the value to which it is legally entitled,…

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