Christ

Christ v. Schwartz

Good Law
2 Cal. App. 5th 440·2016 Cal. App. LEXIS 674·205 Cal. Rptr. 3d 858
Court of Appeal of CaliforniaAugust 12, 2016D068579California6,185 words

Opinion

Opinion

Prager, J.

—Susan Christ (Susan) sued Dwayne Schwartz for personal injury she allegedly suffered when Schwartz’s automobile collided with her vehicle. Jon Christ (Jon), Susan’s husband, also sued Schwartz for loss of consortium based on Susan’s injuries. Despite Schwartz’s stipulation that his negligence was the sole cause of the collision, the jury awarded no damages to Susan and Jon. The Christs appeal from the judgment contending that the trial court erroneously admitted photographs of the damaged vehicles and evidence of Jon’s extramarital affair. They also appeal from the order denying their motion for a new trial. We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

A. Facts

In October 2011, Schwartz drove his car at approximately 10 miles per hour around a bus and sideswiped the automobile driven by Susan. Susan was wearing a lap belt and shoulder harness. Her body did not strike anything inside her car, and the air bags did not deploy. Schwartz was not injured in the collision. After the accident, both drivers moved their vehicles to the curb. Susan ran up and down the street looking for witnesses. She told Schwartz that she was calling the police and continued seeking witnesses…

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