Dyer
Dyer v. Superior Court of Los Angeles County
Opinion
Opinion
Baron, J.
Petitioner Hollis O. Dyer’s motion for summary judgment was denied on real party in interest Moufeed O. Hasou’s action for negligence against Dyer. Dyer seeks a writ directing the trial court to vacate the denial of summary judgment and to enter a new order granting the motion, as well as judgment in Dyer’s favor. We grant the petition for writ of mandate.
Facts
The parties did not dispute the following facts: At approximately 10:10 p.m. on July 16, 1995, Dyer was driving his 1987 Ford Mustang on the westbound 134 Freeway when he experienced mechanical problems. He pulled his Mustang completely off the freeway and onto the right shoulder. Dyer, an American Automobile Association (AAA) member, called for a tow truck.
Hasou arrived and parked his tow truck completely off the freeway on the right shoulder, in front of Dyer’s Mustang. After obtaining Dyer’s AAA membership information, Hasou walked towards the tow truck. When Hasou was between the Mustang and the tow truck, a Ford Crown Victoria struck the Mustang, pinning Hasou between the Mustang and the tow truck. The Crown Victoria then veered across the freeway and crashed into the center divider. Its driver fled on…