Jimena

This appeal arises out of a freeway collision in which the car driven by plaintiff/appellant rear-ended defendants/respondents’ car. At trial, the issue was whether the accident was a straight rear-end collision in which appellant was clearly at fault or whether respondent Clifford Alesso, who drove the other car, suddenly changed lanes and cut off appellant. Each side called an expert accident reconstructionist who verified its version of events. The jury found for respondents. The issue is whether a reconstructionist’s inconsistent testimony from a prior judicial arbitration hearing is admissible to impeach him at the trial. We hold it is not and affirm the judgment.

Discussion

I

California Rules of Court, rule 1616(c) addresses trial after arbitration and provides: “The case shall be tried as though no arbitration proceedings had occurred. No reference may be made during the trial to the arbitration award, to the fact that there had been arbitration proceedings, to the evidence adduced at the arbitration hearing, or to any other aspect of the arbitration proceedings, and none of the foregoing may be used as affirmative evidence, or by way of impeachment, or for any…