Hackett v. John Crane, Inc. (2002)

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[No. A092213. First Dist., Div. One. June 26, 2002.]

SHIRLEY HACKETT, Plaintiff and Appellant, v. JOHN CRANE, INC., Defendant and Appellant.

[No. A093411. First Dist., Div. One. June 26, 2002.]

SHIRLEY HACKETT, Plaintiff and Respondent, v. JOHN CRANE, INC., Defendant and Appellant.

[Modification fn. * of opinion (98 Cal.App.4th 1233) on denial of petition for rehearing.]

MARGULIES, J.-

It is ordered that the opinion filed herein on May 31, 2002, be modified as follows:

1. The title is changed to conform to the caption shown above [98 Cal. App. 4th 1233, advance report].

2. On page 1 [98 Cal. App. 4th 1236, advance report, 1st par., line 3], a new footnote 1 is inserted at the end of the first sentence. The text of footnote 1 will read as follows: "Plaintiff Lewis died before the present appeal was initiated. To maintain consistency, we refer to 'plaintiffs' in the plural form when discussing the proceedings on appeal as well as those in the trial court." Subsequent footnotes will be renumbered accordingly.

fn. †3. On page 7, in footnote 4, the word "respondents'" is changed to "plaintiffs'."

fn. ‡4. On page 8, the first word of the second full paragraph is changed from "Respondents" to "Plaintiffs."

5. On page 14 [98 Cal. App. 4th 1238, advance report, 5th par., last line], footnote 11 is deleted.

6. On page 23 [98 Cal. App. 4th 1245, advance report], the disposition is modified to read as follows: "The judgment in favor of Lewis is increased to [99 Cal. App. 4th 815f] $1,026,842. Except as so modified, the judgment appealed from is affirmed. The trial court's October 27, 2000 order awarding expert witness fees is affirmed. Respondent and appellant Shirley Hackett shall recover her costs on appeal."

The judgment is changed by the modification respecting costs on appeal.

Defendant and appellant John Crane Inc.'s petition for rehearing is denied.

Plaintiff and appellant Shirley Hackett's request for modification is denied.

Stein, Acting P. J., and Swager, J., concurred.

FN *. This modification requires movement of text affecting pages 1236-1237 of the bound volume report.

FN †. Editor's Note: This portion of the modification applies to the nonpublished portion of the opinion.

FN ‡. Editor's Note: This portion of the modification applies to the nonpublished portion of the opinion.

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