Nardizzi

Nardizzi v. Harbor Chrysler Plymouth Sales, Inc.

Good Law
136 Cal. App. 4th 1409·39 Cal. Rptr. 3d 530
Court of Appeal of CaliforniaJanuary 26, 2005B181535California2,408 words

Opinion

Opinion

Perren, J.

Ronald Nardizzi appeals the grant of summary judgment in favor of Harbor Chrysler Plymouth Sales, Inc. (Harbor), on his complaint for personal injuries. Nardizzi’s complaint alleged that Harbor caused the vehicle accident resulting in his injuries by failing to properly service the brakes of the vehicle that collided with his. The trial court granted summary judgment on the issue of causation. Nardizzi contends summary judgment was improper because he presented an expert’s opinion that the accident must have been caused by Harbor’s failure to properly close the “bleeder” screws after servicing, which allowed the brake fluid to leak out and ultimately led to the total brake failure that resulted in the accident in which Nardizzi was injured.

Because Nardizzi’s expert failed to address the fact that the only individual who physically inspected the vehicle shortly after the accident testified that the bleeder screws were properly closed and that there were no signs of leaking from those screws, we agree with the trial court that the opinion is based on speculation and conjecture. Accordingly, we affirm.

FACTS AND PROCEDURAL HISTORY

On March 26, 2003, Nardizzi was driving…

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