Be

I. Introduction

In January 1991, appellant Nguon Seang Be was a passenger in a pickup truck that was traveling south on the Long Beach Freeway. At that same time, a 1980 truck manufactured by a European company called Magirus/ Iveco was traveling north on the freeway. The right rear outside wheel of the Magirus truck suddenly flew off and landed on the roof of the pickup truck in which Mr. Be was riding. The roof collapsed, and the wheel struck Mr. Be’s head. His neck was fractured, and he is paralyzed.

Mr. Be and his wife, Siv Ly Be (hereafter both are referred to as Be), brought this action against many defendants, most of whom are not parties on appeal. Because of the limited issues on appeal, and because we have before us essentially two separate appeals from the judgment, we will review only the facts as pertinent to each in the discussions that follow.

II. The Be v. Western Truck Appeal

A., B.*

III. The Iveco v. Penske Appeal

A. Factual Background

Iveco Trucks of North America, Inc., was named as a defendant in the complaint filed by Be. Iveco cross-complained against Penske Truck Leasing Company for indemnity. Iveco settled with Be for $1.5 million, and that…