Jennifer Moss v. State of California
Published: Dec. 2, 2006 | Result Date: Sep. 20, 2006 | Filing Date: Jan. 1, 1900 |Case number: FCS026325 Verdict – Defense
Facts
Decedent Renee Caraska was driving eastbound on I-80 when she was involved in a fatal car accident. I-80 eastbound, at the location of the accident, is a straight, level five-lane asphalt roadway. A green traffic sign advises "All Trucks Stop At Scales," and a second reads "Way Station - Trucks Only." Witnesses observed both signs the day of the accident. The fourth eastbound lane splits at the entrance to the truck scales, which allows a vehicle to exit into the way station or continue on I-80. The fifth eastbound lane is an exit to the way station only. A sign bridge directs tractor-trailers that are empty to enter the way station using the left lane, at five miles per hour. Thus, drivers of empty tractor trailers are instructed to wait and enter the facility from the fourth eastbound lane from I-80. At the time of the accident, the tractor-trailers were backed up into traffic on I-80. Amrik Bagri, a driver for MSP Trucking, was waiting in the fourth eastbound lane on I-80 to enter the way station. Decedent's collided with the rear of Bagri's truck. Decedent's vehicle struck the rear dock bumper and trailer of Bagri’s truck, and decedent later died at the scene. Jennifer Moss, as guardian ad litem for the three minor successors-in-interest of decedent, filed suit against the State of California, California Department of Transportation, California Highway Patrol, Bagri, Manohar Purewal, and MSP Trucking. Defendants filed a motion for summary judgment, which plaintiffs opposed.
Contentions
PLAINTIFFS' CONTENTIONS:
Plaintiffs argued that in any rear-end accident, a triable issue of fact always remains as to whether the lead vehicle was negligent.
DEFENDANTS' CONTENTIONS:
Defendants argued that plaintiffs could not produce sufficient facts to prove the negligence of the truck driver. Further, defendants emphasized that the undisputed evidence demonstrated that the truck driver had not violated any applicable Vehicle Code sections or laws by stopping in the fourth lane to wait to enter the way station. Witnesses testified that Bagli's truck was clearly visible to approaching drivers. All confirmed that decedent did not activate the brakes, swerve, or attempt any evasive maneuver before the collision. The investigating highway patrol officer opined that the decedent was the primary cause of the accident, due to her unsafe speed and inattention.
Damages
Death.
Result
Defendants' motion for summary judgment was granted in its entirety. Plaintiffs failed to present any triable issue of material fact as to negligence by any defendant.
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