Hand Electronics, Inc. v. Snowline Joint Unified School District

Good Law
1994 Cal. App. LEXIS 6·21 Cal. App. 4th 862·26 Cal. Rptr. 2d 446·94 Daily Journal DAR 373·94 Cal. Daily Op. Serv. 241
Court of Appeal of CaliforniaJanuary 10, 1994E010509California399 words

Opinion

Opinion

Dabney, J.

Plaintiff Hand Electronics, Inc. (Hand) appeals from the trial court’s order granting the motion of defendants Snowline Joint Unified School District and Robyn Lee Phillips (collectively referred to as Snowline) for a new trial. Snowline has filed a protective cross-appeal from the judgment. We affirm the order granting a new trial; therefore, Snowline’s cross-appeal is moot.

Factual and Procedural Background

On December 13, 1988, Hand was moving certain manufacturing equipment to Hesperia. The truck carrying Hand’s equipment was struck by a school bus owned by the school district and driven by Phillips, the school district’s employee. Phillips either failed to stop at a stop sign or proceeded prematurely into traffic and broadsided Hand’s truck, which had the right-of-way.

In the collision, Hand’s equipment was damaged. The equipment included two pantographs, used for manufacturing printed circuit boards. Because of the age of the pantographs and the unavailability of replacement parts, repair was not practical. Hand introduced evidence of the cost of replacing the pantographs with newer equipment which would serve the same purpose as the damaged equipment.…

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