Alcala

Plaintiffs Richard and Angie Alcala appeal from a defense verdict rendered in favor of defendant Earthbound Tire Center in a wrongful death action. In the published portion of this opinion, we conclude that the trial court did not commit error when it declined to instruct the jury on negligence per se. In the unpublished portion of this opinion, we conclude that the verdict was supported by substantial evidence, but that the trial court committed prejudicial error by refusing to admit a highly relevant and admissible statement made by defendant. Accordingly, we reverse the judgment in favor of defendant and order a new trial.

BACKGROUND

A. The accident.

On November 30, 2002, Andrew Alcala, who was 18 years old at the time, sustained fatal injuries after losing control of his vehicle (a PT Cruiser) in the rain and colliding with another vehicle going the opposite direction on Sierra Highway in Santa Clarita, California.

B. The trial.

Richard and Angie Alcala, the decedent’s parents, brought a wrongful death action against Earthbound Tire Center (Earthbound), which had serviced the PT Cruiser just two weeks before the accident. They alleged that it negligently…