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EBERHARD v. BRUHN

Docket No. 35282.

13 Cal.App.3d 836 (1970)

91 Cal. Rptr. 915

WILLARD LEE EBERHARD, Plaintiff and Appellant, v. VIGGO BRUHN, Defendant and Respondent.

Court of Appeals of California, Second District, Division Two.

December 28, 1970.

Attorney(s) appearing for the Case

COUNSEL

Archbald, Zelezny & Spray, Joseph L. Spray and Edward L. Lascher for Plaintiff and Appellant.

Halde, Barrymore & Stevens, Tom Halde and Ronald C. Stevens for Defendant and Respondent.

OPINION

FLEMING, J.

Eberhard was injured in a fire at his house, which broke out while an employee of Bruhn was installing a countertop in the kitchen. Eberhard sued Bruhn for negligence and breach of warranty, and a jury found in favor of Bruhn. On appeal Eberhard contends the jury was erroneously instructed in the law.

On the day of the fire Lykken, an employee of Bruhn, came to Eberhard's house to install a formica top...

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