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Personal Injury
Auto v. Auto
Failure to Yield

Humberto Alatorre-Garcia v. Jose Carlos Cortez, Jose Campos, A-1 Coast Rentals Inc., and Does 1 through 10, inclusive

Published: Aug. 13, 2016 | Result Date: Jun. 29, 2016 | Filing Date: Jan. 1, 1900 |

Case number: BC581552 Demurrer –  Defense

Court

L.A. Superior Central


Attorneys

Plaintiff

William K. Crowe

Andrew C. Schuh
(Schuh Farms)


Defendant

Amy E. Volk
(Diederich & Associates)


Facts

Humberto Alatorre-Garcia sued Jose Cortez, Jose Campos, and A-1 Coast Rentals Inc., involving a motor vehicle collision.

Contentions

PLAINTIFF'S CONTENTIONS:
On March 18, 2014, defendant A-1 allegedly rented out and installed an equipment, a stump cutter, as well as a trailer and tow hitch to defendants Cortez and Campos, who then attached the trailer and stump cutter to Cortez's truck. Cortez allegedly had a suspended and invalid driver's license at the time. As a result, Campos signed for the equipment rental. The next day, in the early morning, Cortez was driving his truck with the hitched trailer and equipment when he collided with plaintiff's vehicle as Cortez was navigating a left turn in front of plaintiff. Defendant driver allegedly failed to yield the right of way to plaintiff. Plaintiff was injured and sued defendants, alleging negligence.

DEFENDANTS' CONTENTIONS:
Defendants filed a demurrer challenging the sufficiency of plaintiff's allegations.

Damages

Alatorre-Garcia sustained various serious injuries that required surgery to his knee, ankle, and elbow.

Result

Noting that the trailer was not a vehicle, the trial court sustained defendants' demurrer without leave to amend, thereby ending the case.

Other Information

FILING DATE: May 12, 2015.


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