Kofahl v. Delgado ( 1978 )

Mr. JUSTICE GEORGE J. MORAN,

dissenting:

I do not agree with the majority holding that the negligence of plaintiff’s husband was the sole cause of the accident. This contention was not even made by appellee in her brief to this court.

I also believe that it was error for the trial court to give defendant’s instruction number 3.

I would remand this case for a new trial.