Modification: Shiver v. Laramee

JOSHUA SHIVER,

Plaintiff and Appellant,

v.

CHARLES EDWARD LARAMEE, et al.,

Defendants and Respondents.

2d Civil No. B283420

(Super. Ct. No. 15CV03780)

(Santa Barbara County)

California Courts of Appeal

Second Appellate District

Division Six

Filed July 11, 2018

ORDER MODIFYING OPINION

[NO CHANGE IN JUDGMENT]

THE COURT:

It is ordered that the opinion filed herein on June 12, 2018, be modified as follows:

1. Page 1, first paragraph, second to the last sentence:

"The driver of a motor vehicle who lawfully has the right of way is 1) not required to foresee "roadrage"; and 2) that cars merging on a freeway onramp will unsafely merge and then "slam" on the brakes in front of the driver," is deleted and replaced with:

"A freeway driver with the right of way is not required to anticipate an act of road rage that unexpectedly causes merging traffic in front of him to come to almost a dead stop."

2. Page 1, second paragraph, first sentence:

"Appellant Joshua Shiver brought a negligence action against respondents Charles Edward Laramee and John Shapka Trucking, Ltd," is deleted and replaced with:

"Appellant Joshua Shiver brought a negligence action against respondents Charles Edward Laramee and Don Shapka Trucking, LTD."

3. Page 2, first full paragraph, third sentence:

"John Shapka Trucking, Ltd., was Laramee's employer and the owner of the tractor-trailer" is deleted and replaced with:

"Don Shapka Trucking, LTD, was Laramee's employer and the owner of the tractor-trailer."

[No change in judgment.]