Facts

On Dec. 12, 2013 at 2 a.m., a Honda Civic sideswiped a car on I-80 just before the Pinole Valley Road Exit causing the Honda to overturn onto its roof in the number three lane. The Honda driver escaped, but 90 seconds later, a 2008 Freightliner Tractor and 53 foot Trailer driven by Gerardo Hernandez of R & C Trucking struck the Honda and pushed it into the number two lane where it was struck by a car in which plaintiff Cheng Saephan was a passenger.

PLAINTIFF'S CONTENTIONS:
Plaintiff claimed the tractor-trailer was speeding, inattentive and failed to see the Honda.

DEFENDANT'S CONTENTIONS:
Defendants claimed this was an unexpected emergency and the tractor-trailer did not cause it.

Specials in Evidence

$512,769 $75,000

Injuries

Plaintiff suffered anterior cervical discectomy C5-6; lumbar laminotomy, micro-discectomy at L5-S1.

Result

During pre-trial hearings, the court ordered the trial bifurcated into liability and damages phases. Defense verdict on liability.

Other Information

FILING DATE: May 20, 2014.

Deliberation

five hours

Poll

12-0 (liability)

Length

five days