John Robert Sheridan v. Thousand Oaks Lexus
Published: Jan. 28, 2022 | Result Date: Jan. 10, 2022 | Filing Date: Aug. 12, 2020 |Case number: 20STCV30682 Summary Judgment – Defense
Judge
Court
Los Angeles County Superior Court
Attorneys
Plaintiff
Abram C. Zukor
(Zukor & Nelson)
Defendant
Richard E. Buck Jr.
(JAMS)
Facts
On October 20, 2018, at about 1:47 p.m., John Robert Sheridan was driving a 2002 Lexus IS300 westbound on the US-101 freeway in the City of Agoura Hills. He collided with a 1990 Lexus IS300 being driven by Robert Wayne Hay. Hay had recently serviced his 1990 Lexus at Topa Motors Inc. dba Lexus of Thousand Oaks. Sheridan filed suit against Lexus of Thousand Oaks.
Contentions
PLAINTIFF'S CONTENTIONS: Plaintiff Sheridan alleged that it was defendant Lexus of Thousand Oaks' negligent, improper and careless repair that caused the collision between him and Hay. Sheridan contended that Hay's vehicle unexpectedly stopped due to a malfunction; a piece of Hay's engine fell out of his 1990 Lexus during the accident which resulted in the collision and consequent damage to his 2002 Lexus.
DEFENDANTS' CONTENTIONS: Defendant Lexus of Thousand Oaks argued that plaintiff Sheridan could not identify the piece of his car that allegedly fell off and caused the accident. Moreover, the damage to Hay's car was caused by its collision with another vehicle driven by Vargas who was involved in the accident but was not a party to the lawsuit. Finally and importantly, what really started this chain car collision was a vehicle driven by another non-party, Ashish Engineer who was driving a 2009 Volvo S40. Engineer's car hit Vargas' car first which then collided with Hay's car. After the collision between Vargas' and Hay's cars, the force of the collision caused Hay's car to spin out-of-control and only then did Hay's Lexus strike Sheridan's Lexus. To establish causation, Sheridan was required to show that Lexus of Thousand Oaks' actions were a substantial factor in bringing about the injury; Sheridan failed to show that Lexus of Thousand Oaks' act of repairing Hay's vehicle was a substantial, or even any, factor in causing his injuries.
Result
The judge issued a tentative ruling of granting defendant Lexus of Thousand Oaks' motion for summary judgment.
Other Information
In a companion lawsuit, plaintiff Sheridan settled with three other automobile defendants.
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