Facts

Plaintiff Ibraheem Lawal was traveling in his passenger car on the 101 freeway when the rear tire of defendant Francisco Chavez's pickup truck blew as he drove approximately 60 mph down the freeway. Defendant subsequently lost control of his vehicle and swerved back and forth between his and plaintiff's lanes, and eventually came to a rest facing traffic on the opposite side of the freeway, perpendicular to and blocking plaintiff's lane of travel. Plaintiff then collided with defendant's truck in a T-bone type accident at approximately 65 mph.

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that defendant was negligent in his operation of his pickup truck. Plaintiff argued that defendant made an unsafe turning movement on the freeway in violation of the applicable section of the Vehicle Code. Plaintiff called the responding officer to the stand to testify as to the unsafe turning movement code section he included in his report.

Plaintiff also argued that defendant was negligent in his maintenance of his pickup truck, contending the tire that blew was improperly and negligently maintained. Plaintiff claimed that his alleged injuries were caused by the accident and that he required additional treatment for his residual complaints.

DEFENDANT'S CONTENTIONS:
Defendant contended he was not negligent due to the tire failure and loss of control of his pickup truck. Defendant argued sudden emergency, which defendant acted as any reasonable person would act in an emergency situation.

Defendant also contended he properly maintained his vehicle and tires and that his pickup truck received maintenance regularly. Defendant argued plaintiff failed to meet his burden of proof to establish that defendant's truck and tire were improperly maintained.

Injuries

Plaintiff claimed that as a result of the accident, he sustained injuries to his neck, back, shoulders, legs and chest. At the time of trial, Dr. Jeffrey Unger opined plaintiff's residual injuries consisted of a torn labrum in the right shoulder, and spondylolisthesis of the lower back. Defendant disputed the nature and extent of plaintiff's injuries and challenged Dr. Unger's opinions as being speculative and conjectural.

Result

Unanimous verdict in favor of defendant, finding there was insufficient evidence to establish that defendant was negligent.

Other Information

FILING DATE: April 24, 2015.

Deliberation

.40 hours

Poll

12-0 (defense)

Length

three days