An appeal involving allegations of juror misconduct came before the California Court of Appeal for the Second District. In an unpublished opinion, the court focused on the presumption of prejudice upon a showing of juror misconduct and the fact it can be overcome by evidence. The court stated that juror misconduct is…
In a personal injury lawsuit stemming from a rear-end motor vehicle accident, the California Court of Appeal addressed the type of evidence that can be used to prove the value of medical services received. A trucker and his passenger were injured in a collision, and the court held that their…
In a case before the California Court of Appeal, the court addressed whether a teenager was at fault for an accident involving a truck parked illegally along a Southern California highway. The trucker had violated the Vehicle Code by parking illegally, although the trial court had ruled that the trucker’s…
The California Court of Appeals addressed whether a motor carrier responsible for transporting goods across the country can be held liable for the negligence of an independent contractor driver. The facts of this case center on an automobile accident involving a tractor-trailer. Mr. Villalobos was driving the tractor-trailer, and Mr. Vargas…
A recent California Court of Appeals decision dealt with the issue of whether or not a trucking insurance policy precluded recovery for a driver who was injured during an on-duty accident. In the case, Global Hawk Ins. Co. v. Le, 225 Cal.App.4th 593 (2014), a driver was sleeping in the truck when…
In a recent California Court of Appeals decision, Trapasso v. Romero, Cal. Ct. App. (2014), the court had to rule on the issue of alleged jury misconduct according to allegations the plaintiff made that jurors engaged in misconduct by making calculations related to potential speed as related to a motorcycle and truck…
The California Court of Appeals recently reached a decision regarding the application of various insurance policies in the incident of a trucking accident. In the case, Scottsdale Indemnity Co. v. National Continental Ins. Co., 229 Cal. App. 4th 1166 (2014), a truck driver had contracted with a company to drive goods…
The California Court of Appeals (4th District, Division 2) recently rendered an opinion that is instructive on the matter of non-economic damage awards in car accident personal injury cases. The case, Onley v. Schneider Nat. Carriers, Inc., Cal. Ct. App., 4th Dist. (2014), arose out of a multi-car accident, in which…