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California Court of Appeal


Spriesterbach v. Holland, B240348

Judgment for defendant in negligence suit arising out of a vehicle versus bicycle accident is affirmed, where it was not prejudicial for the trial court to: 1) refuse to instruct that if the jury found defendant violated Vehicle Code section 21804, it must find that she was negligent per se, because the jury found defendant was not negligent; or 2) instruct the jury that plaintiff was negligent per se because immediately before the accident, he had been traveling on the sidewalk against the flow of traffic, in violation of Vehicle Code section 21650.1 because the jury never reached the issue of plaintiff's negligence.

Appellate Information

  • Decided 04/09/2013
  • Published 04/09/2013

Judges

  • SUZUKAWA

Court

  • California Court of Appeal

Counsel

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