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Old 12-05-2012, 02:04 PM   #9
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DUC LE v. SAM, 2005 Cal. App. Unpub. LEXIS 9182

Plaintiff Duc Le appeals a judgment following a defense verdict in his personal injury action against defendant Henry Sam. Le suffered an eye injury during a doubles tennis match when Sam, his doubles partner, served a ball that hit Le. On appeal, Le contends the trial court erred by: (1) concluding the primary assumption of risk doctrine applied and therefore not instructing on general negligence principles; (2) refusing to give special jury instructions Le requested; and (3) limiting the scope of testimony by his expert witness; and (4) awarding Sam costs under Code of Civil Procedure section 998.

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