MUNOZ v.CITY OF UNIONCITY
Where jury in wrongful death action found defendants, a city and its police officer, liable for negligence and battery, apportioning the negligence 45 percent to the city, 50 percent to the officer, and 5 percent to decedent; and where court of appeal upheld the finding of liability against officer for unreasonable use of force and against the city under principles of vicarious liability, but reversed the portion of the jury's verdict against the city based on its direct negligence and remanded with directions to the trial court to "enter a new judgment consistent with the jury's verdict against [the officer] and this opinion"; trial court erred in reducing the total amount of the judgment rather than apportioning a greater share of the liability to the officer, and court was required on remand to apportion negligence liability 91 percent to officer and nine percent to decedent in order to maintain the 10 to 1 ratio of officer's to decedent's negligence as found by the jury.
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