Gargir

Gargir v. B'nei Akiva

Good Law
1998 Cal. App. LEXIS 813·66 Cal. App. 4th 1269·78 Cal. Rptr. 2d 557·98 Daily Journal DAR 10399·98 Cal. Daily Op. Serv. 7511
Court of Appeal of CaliforniaSeptember 29, 1998B106474California4,723 words

Opinion

Opinion

Vogel, J.

Introduction

This is a personal injury action. Defendant organized a group of teenagers for a skiing trip. On the trip, plaintiff, who had never skied, fell down while she was on her skis and sustained serious injury to her knee. She sued defendant claiming that it had negligently failed to supervise and control the group of teenagers, many of whom were novice skiers. The jury found defendant negligent but also found plaintiff to have been 50 percent at fault. As so reduced, the judgment recovered by plaintiff was $600,000.

On this appeal, defendant’s primary contention is that the trial court committed prejudicial error by refusing to submit BAJI No. 2.22, “Witness Willfully False.” On the facts of this case, we find the error to be nonprejudicial. Defendant’s secondary contention is that the trial court erred in submitting BAJI No. 14.12 about plaintiff’s right to recover damages for loss of future earning capacity because there was no evidence to support such a claim. We find no merit to that contention.

Statement of Facts

At the time of the accident, plaintiff Tara Gargir was 16 years old. In January 1993, she, along with others, had worked as a volunteer…

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