Oliveri

Plaintiff appeals from judgment after jury trial in favor of defendants in an action for damages for personal injuries.

Questions Presented

1. Should the issue of contributory negligence have been submitted to the jury ?

2. Alleged error in instructions requiring proof of relationship between, and control by, defendants.

3. Was the instruction concerning insurance proper?

*371 Evidence

Defendant Nello Oliveri (Nello) leased certain land in San Diego from the Signal Oil Company. On the land were two separate buildings: the H & R Garage, rented by Nello to defendant Tietz and operated by Tietz and later by Tietz and defendant Hopper, and a gasoline station operated by Nello. Defendant Dennis Oliveri is the son of Nello and worked for him at the gasoline station. Plaintiff was a friend of the Oliveris and often visited the filling station and borrowed tools from them. The evidence concerning the relationship between defendants was confusing. Oliveri’s lease prohibited subleasing. The arrangement between Nello and Tietz was oral. Nello and Dennis could work on their own cars in the garage and could get parts from the garage even if Tietz wasn’t there. That is why Nello had a…