Matlock v. Farmers Mercantile Co. (258 Cal. App. 2d 362, 1968)

TAYLOR, J.

Defendants appeal from an order granting a new trial to plaintiffs in their action for damages for personal injuries sustained in an intersection collision between an automobile driven by plaintiff Leferink and a truck owned by defendant Farmers Mercantile Co. (hereafter Farmers) and driven by their employee, defendant Harry A. Moranda. There was no plea of contributory negligence. Farmers admitted the agency and scope of employment, so the only questions submitted to the jury were the negligence of Moranda, proximate cause, and damages. The trial resulted in a defense verdict and thereafter, the court granted plaintiffs’ motion for a new trial on the ground of insufficiency of the evidence. The contentions on appeal are that the order granting the new trial for insufficiency of the evidence cannot be sustained as the evidence fails to demonstrate any negligence on the part of Moranda, and the trial court failed to comply with section 657 of the Code of Civil Procedure.