Wiesjahn

Background Because this appeal arises from a grant of summary judgment, our summary of the history of the case is drawn from the parties’ separate statements of undisputed facts and 1 the accompanying evidence. At 1:30 a.m. on August 28, 2008, plaintiffs’ daughter, Rachel Wiesjahn, was a passenger in a 2006 Chevrolet HHR driven by Christopher Tindall. About a week earlier, Tindall had replaced the driver’s-side front tire with a convenience spare tire that had come with the HHR. Tindall had been drinking alcohol at a local pub that night, before giving a ride to Rachel and another passenger, Sean Willig. According to Tindall, as he drove southbound on Highway 1 in the Big Sur area, a northbound vehicle entered the 2 southbound lane in front of him, and he swerved to the right to avoid a head-on collision. Although he did not experience any handling problems or loss of control, the HHR ran up the embankment next to the roadway and rolled over, landing on the driver’s side. At Tindall’s inquiry both passengers said that they were okay, and the three began to get out of the vehicle. Rachel was able to exit fully and she stood just south of the HHR. Just then a truck driven by Mark…