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Fuentes v. Tucker

California Court of Appeals
187 P. 2d 752 (1947)


Facts

Tucker (defendant) killed the Fuenteses’ (plaintiffs) two sons by striking them with an automobile, and the Fuenteses filed suit, alleging gross negligence. On the first day of trial, Tucker filed an amended answer, admitting to liability for the accident and the death of the two children. Despite these admissions, the Fuenteses were permitted to introduce evidence relating to the accident itself, over Tucker’s objection. Tucker contended that this evidence was admitted in error because it was not related to the issue of damages, but rather the circumstances surrounding the accident, and that by admitting liability for the incident Tucker had removed the issue from controversy.

Rule of Law

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Issue

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Holding and Reasoning (Gibson, C.J.)

The holding and reasoning section includes:

  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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Concurrence (Carter, J.)

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