Car Accidents

California Court of Appeals Enters Decision on Car Accident Case Anti-SLAPP Motion

May 7, 2015 | Sharifi Firm, APC

A recent case before the California Court of Appeals, Ellis v. Mercury Ins. Co., Cal. Ct. App. (2015), dealt with a situation in which a woman was involved in an automobile accident. Following the accident, the woman, hereinafter referred to as the plaintiff, had her car insurance company, the defendant, pay for various medical expenses.

Then, after the plaintiff recovered an arbitration award as against the other driver involved in the car accident, the insurance company sought subrogation from the plaintiff to reimburse for the amount they paid out. (Car insurance policies typically include a subrogation clause, whereby if you get “paid twice” for an expense, they are entitled to be repaid the amount that they have paid out.)

The plaintiff did not tender the amount the insurance company claimed entitlement to pursuant to the subrogation, and the insurance company therefore sought a judgment from her in that amount. In response, the plaintiff filed a complaint against the insurance company, claiming breach of contract and other torts.

California Court of Appeals Rules in Unsafe Intersection Case

April 30, 2015 | Sharifi Firm, APC

In a recent pedestrian accident case, Killings-Rodriguez v. City of Los Angeles, Cal. Ct. App. (2015), the California Court of Appeals issued a decision regarding the appeal from a summary judgment motion in a case that alleged a certain intersection was dangerously unsafe.

In the case, two girls were crossing the street when they were struck by a car, which killed one of the girls and rendered the other quadriplegic. The girls’ parents sued on their behalf, alleging that the city was liable for a dangerous condition of public property, in that the intersection had poor visibility and a lack of necessary traffic signals or signs, among other arguments.

The driver who hit the girls had stated that he did not see them as he approached the intersection, and that just prior to the collision, he had looked down to change the music that was playing. The trial court found that it was because of the driver’s negligence that the accident occurred. It also relied on the city’s expert witness and an unrelated case in finding on behalf of the city that there was no issue of material fact, and it thus entered summary judgment.

California Court of Appeals Upholds Default Judgment in Faulty Brakes Accident Case

April 16, 2015 | Sharifi Firm, APC

In a recent California Court of Appeals case, Banga v. Midas International Corp., Cal. Ct. App. (2014), the court had to decide the issue of how to consider the awarding of damages in a default judgment case following a car accident.

The lawsuit arose out of a situation in which the plaintiff alleged that after she arranged to have her brakes replaced, and after having to return several times to have her brakes adjusted after unusual noises and other problems, she was involved in a car accident that was reportedly due to faulty brakes. As a result of the accident, she also reportedly had to miss work for several days due to personal injuries. The plaintiff then took her car for inspection at a dealership, which reportedly told her that the company had installed defective rear break pads of an incorrect type, which damaged the rear rotor of her vehicle.

The plaintiff’s complaint had four separate legal causes of action. Following several hearings on various matters, the court considered the plaintiff’s testimony and evidence that she supplied, and it issued a default judgment for the plaintiff against Midas in the amount of $6,861.40.

California Court of Appeals Upholds Judgment in Favor of Driver in San Francisco Pedestrian Accident Case

April 13, 2015 | Sharifi Firm, APC

The California Court of Appeals issued an opinion in a recent car accident case involving a pedestrian who was involved in an accident. She claims that after she took a few steps into the crosswalk she was struck by a van. According to physician testimony at trial, the plaintiff purportedly suffered substantial injuries to her left foot, leg, and fingers, and she became unable to live independently as a result of the accident.

In the case, Vitushkina v. Luminalt Energy Corp., Cal. Ct. App. (2014), the main issue at trial was whether the woman had already entered the street by the time the van approached, or whether she entered the street at around the same time.

The driver behind the van who purportedly hit the woman stopped at the scene and gave a statement to the police, and he later testified that the woman seemed to have come out of nowhere, from in between two cars that were parked nearby.

California Court of Appeals Upholds Written Stipulation in Car Accident Case

April 8, 2015 | Sharifi Firm, APC

In a recent appeal stemming from a car accident, Horath v. Hess, 225 Cal. App. 4th 456 (2014), the California Court of Appeals had to decide whether a stipulation to an arbitration award was binding.

The action arose out of a collision in which Horath was injured when Hess’ car purportedly struck the rear of her vehicle. Following the accident, Horath filed a personal injury action against Hess.

In the case, the defendant Hess appealed a judgment confirming an arbitration award in favor of plaintiff Horath in the amount of $366,527.22. Hess argued that the trial court erred in entering the judgment in favor of the plaintiff, since the plaintiff had stipulated in writing, prior to the arbitrator’s decision, that she would accept $100,000 or the arbitrator’s decision, whichever amount was less, plus allowable costs. He also argued that he was therefore not required to file any motions to correct the award within a certain time period, since the parties had stipulated to such an award.

Southern California Court Fails to Hold Employer Liable in Car Accident Case

March 27, 2015 | Sharifi Firm, APC

In a recent case, the California Court of Appeals for the Fourth District entered a decision regarding the liability of an individual’s employer for an employee who was involved in a car accident on the way to an employment related course.

In the case, Rodriguez v. Grayd A Metals, Cal. Ct. App. (2015), the two plaintiffs claimed that they were involved in a car accident with an employee of Grayd A Metals, whom was purportedly on the way to a welding class at a local community college at the urging of his employer. The plaintiffs were thus seeking damages under a theory of respondeat superior.

At trial, the plaintiffs alleged that the employee was on the way to a welding class, because they claimed they were told this by another individual whom had been involved in an accident with the same employee just before. The trial court excluded the statement as inadmissible hearsay.

California Court of Appeals Rules in Car Accident Case Alleging Jury Misconduct with Toy Cars

March 20, 2015 | Sharifi Firm, APC

The California Court of Appeals reached a decision in a tow truck accident case, Threadgill v. Extreme Auto Recovery, Inc., Cal. Ct. App. (2014), in which they had to review a claim of jury misconduct, arising from a deputy’s discovery in the jury deliberation room.

In the case, the plaintiff claimed that he was struck by a tow truck, when he was attempting to get the driver’s attention as his car was being repossessed. The plaintiff claimed that he was standing in between the tow truck and his vehicle when he became injured. The plaintiff went to the hospital following the incident, and was informed that his Achilles tendon was ruptured, which required a subsequent surgery.

At trial, an accident reconstruction expert testified for the defense that there was no way the defendant could have been struck in the manner he described. An orthopedic surgeon also testified for the defense, that it was unlikely that the plaintiff was struck when the injury occurred, and explained how individuals that suffer an Achilles injury like the plaintiff’s often feel as though they have been kicked, when in fact they have not. Additionally, plaintiff’s wife testified that he was standing on the front step, not in between the two vehicles, when the incident occurred.

Court of Appeals Affirms Ruling in San Jose Road Rage Car Accident Case

March 17, 2015 | Sharifi Firm, APC

The California Court of Appeals ruled in a recent case arising out of a car accident that was an alleged road rage incident.

In the case, Jones v. Barnes, Cal. Ct. App., 6th Dist. (2014), the defendant was behind the plaintiff in a lefthand turn lane, when the plaintiff turned on his right turn signal, indicating that he did not intend to turn left. The plaintiff was apparently visiting the area, and so was unfamiliar with the particular street. The defendant somehow attempted to pass the plaintiff’s car, which caused them to collide, resulting in plaintiff’s car being pushed onto the curb. A nearby motorist had written down the defendant’s license plate, thinking that he was witnessing a road rage incident. Someone called the police to report the accident.

At trial, the jury found for the defendant, believing that the situation was not his fault. The defendant, plaintiffs, and the nearby motorists testified to their version of the facts at trial. The police report that was completed following the accident was excluded from the evidence, on the defendant’s motion. The plaintiffs filed a motion for a judgment notwithstanding the verdict. The court denied the motion, finding that there was substantial evidence to support the jury’s finding.

California Court of Appeals Upholds Jury Decision in Low Speed Car Accident Case

February 27, 2015 | Sharifi Firm, APC

The California Court of Appeals decided to uphold a jury verdict awarding a plaintiff $2, 175.27 for medical expenses and no damages for pain and suffering, in a case where she was seeking between $40,000 and $60,000.

The case, Sievers v. Hill, Cal. Ct. App., 3rd Dist. (2014), arose out of an accident when two young women leaving their high school collided. The defendant, Hill, accidentally accelerated her car at a red light, believing that it had turned green, and thus ran into the back of the plaintiff Sievers’ jeep.

Following the verdict, Sievers moved for a new trial, claiming inadequate damages and prejudice from the failure to remove a certain juror. The trial court denied the motion.

California Court of Appeals Upholds $1.25 Million Jury Award in Car Accident Case

February 24, 2015 | Sharifi Firm, APC

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 car A was traveling in the far right lane. A tractor-trailer being driven by the defendant tried to pass, side swiping the vehicle, which then spun to the left, crossed in front of the truck, and hit the center divider. A minivan in the far left lane, being driven by Onley, then hit car A.

At trial, a jury found the truck driver liable for the accident, and it also found the driver of car A not liable. The jury designated awards for the occupants of car A and awarded $1,363,579.70 to Onley, and the trial court entered judgment according to those amounts.