Damele

Plaintiff and respondent Bernie Damele was severely injured when he was caught between a truck and its trailer while working at the Altamont Landfill. The accident was caused in part by faulty brakes which had been recently serviced by appellant Mack Trucks, Inc. (hereafter Mack). The jury assessed respondent’s damages at $650,000. It found that appellant Mack was 49 percent at fault, respondent’s employer (Oakland Scavenger Company) was 49 percent at fault, and that respondent himself was 2 percent at fault. Judgment was entered in accordance with this verdict.

On appeal, Mack contends the trial court erred by instructing the jury on the duty of one in imminent peril (BAJI No. 4.40). In addition, Mack contends that the damages are excessive as a matter of law, and that the damages could not exceed the amount respondent specified in his statement of damages (Code Civ. Proc., § 425.11). We reject these arguments and affirm the judgment.

Statement of Facts

The Accident

At the time of the accident, Mr. Damele was employed by Oakland Scavenger as a supervisor at the Altamont Landfill in Alameda County. Garbage collected by Oakland Scavenger route trucks is delivered to a…