In what circumstances will a plaintiff in a personal injury action proceed to complain on appeal?

California, United States of America


The following excerpt is from Von Thulen Rhoades v. Lansdale, B243879 (Cal. App. 2014):

in silence, take his chances on a favorable judgment and then, after an adverse judgment, complain on appeal. In short, a party may not play a game of '"Heads I win, Tails you lose" with the trial court.' (Tyler v. Norton (1973) 34 Cal.App.3d 717, 722 [110 Cal.Rptr. 307].)"

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