Victor v. Hedges
California Court of Appeal
91 Cal. Rptr. 2d 466 (1999)
Michael Hedges (defendant) invited Stephani Victor (plaintiff) to view a new compact disc player in the back of his Ford Explorer, which was owned by Thermtech, Inc. (defendant). For this purpose, Hedges parked his vehicle on the sidewalk, three to four feet from the curb, in violation of Cal. Veh. Code § 22500. On account of construction, the street parallel to the sidewalk was reduced to one lane. Gravel, potholes, and otherwise bumpy conditions subjected drivers on the street to jerky movements of their vehicles at times, something Hedges himself had experienced. Mark Williams (defendant) was driving along such street when he took his attention off the road to fast-forward a cassette tape. His steering wheel jerked and the car was pulled to the right; two tires hit the curb and blew out. Williams’s vehicle then struck Victor, causing serious injury. She sued Williams, Hedges, and Thermtech. An expert for Victor testified that, based on traffic engineering human factors, it could be predicted by street conditions that Williams’s vehicle would veer to the right as it did. The trial court granted summary judgment to Hedges and Thermtech. Victor appealed.
Rule of Law
Holding and Reasoning (Dau, J.)
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