Hartnett

Fremont Compensation Insurance v. Hartnett

Good Law
19 Cal. App. 4th 669·1993 Cal. App. LEXIS 1040·23 Cal. Rptr. 2d 567·93 Daily Journal DAR 13262·58 Cal. Comp. Cases 655
Court of Appeal of CaliforniaOctober 19, 1993B061496California1,950 words

Opinion

Opinion

Vogel, J.

These consolidated actions arising from automobile-pedestrian accident were tried by the court. Judgment was in favor of the injured person, plaintiff and respondent Lisandro Ramirez Azucena, and in favor of plaintiff and respondent Fremont Compensation Insurance Company, which paid workers’ compensation benefits to Azucena on behalf of Azucena’s employer. The judgment, in the total amount of $80,000, was against the three defendants jointly and severally, Leonard Sapp, Karen Sapp, and Mary Hartnett. Although notice of appeal was filed on behalf of all three defendants, the only issues raised on appeal concern the liability of appellant Hartnett as the owner of the vehicle involved in the accident.

Hartnett is the mother of Leonard and Karen Sapp. Title and registration of the vehicle were in Hartnett’s name. The car’s brakes were “totally gone.” Leonard Sapp pushed the car, without its engine running, while Karen Sapp steered the car, into the premises of A. C. Tire Services, in order to have the brakes repaired. Without brakes, however, they were unable to stop the car, which ran into Azucena, an employee of A. C. Tire Services. Azucena was pinned between the car and a…

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