Fueste

Fueste v. Johnson

Good Law
1962 Cal. App. LEXIS 1970·207 Cal. App. 2d 790·24 Cal. Rptr. 827
Court of Appeal of CaliforniaSeptember 25, 1962Civ. No. 20132California1,004 words

Opinion

Lead Opinion

Salsman, J.

This appeal is from a judgment in favor of the defendants entered upon a jury’s verdict in plaintiff’s suit for damages for personal injuries. Two points are urged for reversal, the first being a claimed insufficiency of the evidence to support the verdict, and the second, a claim of prejudicial misconduct on the part of defense counsel in argument to *792 the jury. The case turns largely upon its facts, and we therefore treat each issue briefly, but with sufficient particularity so as to demonstrate that neither has any merit.

In reviewing the claim of an insufficiency of the evidence we are guided by the rules so clearly summarized in Crawford v. Southern Pacific Co., 3 Cal.2d 427 [ 45 P.2d 183 ], and which need not be repeated here. (See also Overton v. Vita-Food Corp., 94 Cal.App.2d 367, 370 [ 210 P.2d 757 ], and Estate of Arstein, 56 Cal.2d 239 -240 [ 14 Cal.Rptr. 809 , 364 P.2d 33 ].)

The evidence disclosed that plaintiff was driving his vehicle south on the Nimitz Freeway, near the City of Hayward. It was dark, raining, and the traffic was heavy. The defendant Joan Johnson was following plaintiff, and the defendant Catalano followed Johnson. Plaintiff’s ear and the…

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