Rayii

Rayii v. Gatica CA2/3

Caution
160 Cal. Rptr. 3d 753·2013 Cal. App. LEXIS 665·218 Cal. App. 4th 1402·2013 WL 4446778
Court of Appeal of CaliforniaJuly 24, 2013B236626California5,009 words

Opinion

Opinion

Croskey, J.

Nadja Rayii suffered injuries when a car being driven by Melvin Ovidio Gatica collided head on with the car she was driving. She appeals a judgment after a jury trial and the denial of her motion for judgment notwithstanding the verdict. She challenges the jury’s finding that Gatica was not acting in the course and scope of his employment for Gateway Insulation, Inc. (Gateway), at the time of the collision; the denial of relief against Carlos Seciada, who she contends was the registered owner of the car driven by Gatica; and the denial of her new trial motion on grounds of attorney misconduct, irregularity in the proceedings and inadequate damages. We conclude that she has shown no prejudicial error and will affirm the judgment and the denial of her motion for judgment notwithstanding the verdict.

FACTUAL AND PROCEDURAL BACKGROUND

1. Factual Background

Gatica was driving a 1991 Honda Accord southbound on a two-lane road near Newhall on May 3, 2006, at approximately 5:26 p.m. when he crossed the double yellow center line while negotiating a curve and crashed head on into Rayii, who was traveling northbound. Rayii suffered a fractured vertebra, fractured ribs, a bruised…

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