Burdette v. Carrier Corp.

Full title: JOHN J. BURDETTE, Plaintiff and Respondent, v. CARRIER CORPORATION et al.…

Court: California Court of Appeals, Third District, Sacramento

Date published: Feb 14, 2008

No. C050299 (Cal. Ct. App. Feb. 14, 2008)

Opinion

Page 1510a

159 Cal.App.4th 1510a __ Cal.Rptr.3d __ JOHN J. BURDETTE, Plaintiff and Respondent, v. CARRIER CORPORATION et al., Defendants and Appellants. C050299M California Court of Appeal, Third District, Sacramento February 14, 2008

THE COURT:

The opinion of this court filed January 17, 2008, (158 Cal.App.4th 1668, ___Cal. Rptr.3d___), in the above entitled case is modified as follows, and petition for rehearing is DENIED:

l. The first and second paragraphs on page 39 [158 Cal.App.4th 1695, advance report, 3rd & 4th full pars.] of the opinion are deleted.

2. The following footnote is added after the word “required” at the bottom of page 38 [158 Cal.App.4th 1695, advance report, 3rd full par., line 5, footnote added] of the opinion:

“Certain questions have been tendered regarding the admissibility of evidence for the purposes of obtaining punitive damages. We leave that question to the determination of the trial court on retrial.”

This modification does not effect a change in the judgment.