Candido

Nicholas J. Candido appeals an order granting a new trial- on the ground of insufficiency of the evidence after a jury specifically found *921 his negligence in driving his motorcycle was not a proximate cause of his injuries sustained when he struck an unlit truck stopped at night in the “fast” lane of a freeway. (Code Civ. Proc., § 657, subd. 6.) We find the trial court’s reasons for granting the motion are adequately specified and the order is within the trial court’s broad discretion. However, we limit the new trial to the issues of Candido’s comparative negligence and proximate causation.

Factual and Procedural Background

Candido, wearing a full helmet, was driving a motorcycle south on an unlit portion of a freeway at night when he collided with the rear of a stalled, unlit flat-bed truck in the fast lane. The truck was driven by John Huitt and owned by San Diego Van & Storage Company. Candido stated his low beams lit the highway ahead 300-400 feet, he was driving 55 mph, had an unobstructed view ahead, but did not see the truck before impact.

James Thurman, also driving south in the fast lane, saw a flash on the road ahead when he was about 200-300 feet from the…

The power of the trial court is singularly at its greatest in deciding whether to grant a new trial, leaving the appellate court virtually powerless to reinstate a most reasonable jury verdict.

Here the jury reached a most reasonable and just result. The trial was fair. The jury applied the law to the facts. It answered the special verdict questions requested by the defendants. It solved one of the great problems which law schools love to indulge their students, proximate cause. It found Candido’s negligence was not the proximate cause of his injuries. Substantial evidence supports this finding: The expert Whalley’s testimony placing Candido in a zone of danger where he could not avoid the collision; Thurman, the driver behind Candido, barely avoided the accident by seeing a flash, slowed and hit his brakes.

There was gross negligence on Huitt’s part, driving and stopping in the fast lane when he knew or should have known of the truck’s power and light failure, with the truck’s rear reflectors covered with dirt, making the truck invisible. Understandably, the jury found this conduct was the sole proximate cause of the accident. Considering the very serious injuries sustained by…

Nicholas J. Candido appeals an order granting a new trial on the ground of insufficiency of the evidence after a jury specifically found his negligence in driving his motorcycle was not a proximate cause of his injuries sustained when he struck an unlit truck stopped at night in the "fast" lane of a freeway. (Code Civ. Proc., § 657, subd. 6.) We find the trial court's reasons for granting the motion are adequately specified and the order is within the trial court's broad discretion. However, we limit the new trial to the issues of Candido's comparative negligence and proximate causation.

Candido, wearing a full helmet, was driving a motorcycle south on an unlit portion of a freeway at night when he collided with the rear of a stalled, unlit flat-bed truck in the fast lane. The truck was driven by John Huitt and owned by San Diego Van & Storage Company. Candido stated his low beams lit the highway ahead 300-400 feet, he was driving 55 mph, had an unobstructed view ahead, but did not see the truck before impact.

James Thurman, also driving south in the fast lane, saw a flash on the road ahead when he was about 200-300 feet from the truck, and immediately began…