Twedt

Twedt v. Franklin

Good Law
109 Cal. App. 4th 413·134 Cal. Rptr. 2d 740·2003 Cal. App. LEXIS 812·2003 Cal. Daily Op. Serv. 4661
Court of Appeal of CaliforniaJune 2, 2003F040990California1,830 words

Opinion

Opinion

Vartabedian, J.

The only question raised by this appeal is whether the form of the trial court’s written order granting a new trial complies with Code of Civil Procedure section 657. More specifically, are the provisions of section 657 that require a written statement of the reasons for granting a new trial satisfied by a written order that attaches and incorporates a hearing transcript where the trial judge states the evidence did not support the jury’s finding of no negligence because the testimony of the defendant driver showed her negligence at least partially caused the collision with plaintiffs vehicle? Under the facts of this case, we conclude the order satisfied the requirements of section 657 and therefore affirm.

Facts and Procedural History

Plaintiff Vickie Lynne Twedt brought a personal injury lawsuit for injuries allegedly suffered in a collision between a vehicle driven by her and a vehicle driven by defendant Carly Franklin. Plaintiff Brian Twedt sought damages for loss of his wife’s consortium. Defendant Charles Franklin, Carly’s father, was sued as the owner of the vehicle driven by Carly.

The case was tried to a jury. The jury unanimously answered “No” to question…

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