Monreal

Monreal v. Tobin

Good Law
1998 Cal. App. LEXIS 175·61 Cal. App. 4th 1337·72 Cal. Rptr. 2d 168·98 Daily Journal DAR 2227·98 Cal. Daily Op. Serv. 1617
Court of Appeal of CaliforniaMarch 5, 1998D024462California6,675 words

Opinion

Opinion

Nares, J.

— This appeal involves consolidated personal injury and wrongful death actions which arose out of two related automobile accidents. The first accident involved plaintiff (who is also a defendant and cross-complainant) Luis Ernesto Monreal (Monreal) and defendant Daniel Joseph Tobin (Tobin). Tobin, driving about 80 miles per hour behind Monreal on Interstate 5, collided into the rear of Monreal’s vehicle, which was traveling at the posted maximum speed of 55 miles per hour. The second accident occurred when, as a result of the first collision, Monreal’s vehicle overturned, moved into the No. 1 “fast” lane, and was struck by another speeding vehicle driven by defendant Omar Jones (Jones), who was traveling about 75 miles per hour. Jones’s two passengers were killed.

Monreal appeals from the judgment entered against him, Tobin, Jones, and Courtesy Auto Rental (Courtesy, which rented the vehicle driven by Tobin). The prevailing plaintiffs, and respondents herein, are Jose Rivera (Rivera) individually as the husband of decedent Monica Rivera and as guardian ad litem for their minor children Monica Rivera and Erika Rivera; and Juan Borrayo, Sr., and Alma Borrayo (collectively,…

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