Kuhns

Kuhns v. State of California

Bad Law
10 Cal. Rptr. 2d 773·1992 Cal. App. LEXIS 985·8 Cal. App. 4th 982·92 Daily Journal DAR 11161·92 Cal. Daily Op. Serv. 6960
Court of Appeal of CaliforniaAugust 10, 1992B046436California3,865 words

Opinion

Opinion

Ashby, J.

In this personal injury action arising from a highway accident, defendant and appellant State of California appeals from a judgment on a jury verdict in favor of plaintiffs and respondents Gerald and Gina Kuhns.

On June 13, 1984, the driver (codefendant Robert Coveil) of a truck and trailer, which carried a large load of Kraft mayonnaise bottles, lost control while rounding a curve on the transition bridge from westbound State Highway 91 to southbound Interstate Highway 605 (1-605). When the trailer tipped over and struck a bridge abutment, the trailer was sliced open, expelling its load of mayonnaise jars onto the northbound 1-605 below. Part of the load struck the vehicle of Gerald Kuhns, travelling north on 1-605, causing severe injuries rendering him a quadraplegic. The jury found the accident was caused by the concurrent negligence of Covell and the dangerous condition of the highway, and apportioned 50 percent liability to each. The jury found total damages of $13,220,000 as to Gerald Kuhns and $1,980,000 as to Gina Kuhns for loss of consortium.

Prior to trial, after numerous discovery hearings and discovery orders, and the previous imposition of monetary…

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