What is the test for determining whether a plaintiff was negligent in his actions?

Recognizing that the record is incomplete because this claim was not litigated in the trial court to determine whether the omissions were intentional, reckless or negligent, defendant nevertheless urges us to reach the merits of his claim because the omissions were negligent "as a matter of law." For reasons already noted, the point has been waived on appeal. ( People v. Green, supra, 27 Cal.3d at p. 22, 164 Cal.Rptr. 1, 609 P.2d 468.)