In a negligence action, trial court judgment is affirmed in part and reversed in part where the evidence did not establish that defendant did not have a duty to plaintiff a as a matter of law, and triable issues of fact remained as to defendant's duty as a public utility and its exercise of control in determining the placement of the light poles.
APPEAL from the Superior Court of San Bernardino County. Kurt J. Lewin (retired judge of the L.A. Super. Ct. assigned by the Chief Justice pursuant to art. VI, § 6 of the Cal. Const.) and Tom Garza, Judges. Affirmed in part and reversed in part.
FOURTH APPELLATE DISTRICT, DIVISION TWO
Filed July 20, 2009
Before King, J., Miller, J., Hollenhorst, J.
Opinion by King, J.
Concurring and Dissenting Opinion by Hollenhorst, J.