Qaadir

Qaadir v. Figueroa

Good Law
Court of Appeal of CaliforniaAugust 16, 2021B306011MCalifornia9,499 words

Opinion

Opinion

FACTS

On August 10, 2015, Qaadir was driving a truck for his employer when he was hit from behind by a tractor-trailer driven by Figueroa, who was employed by Pacifica Trucks. Qaadir was travelling at approximately 10 to 15 miles per hour and Figueroa was travelling at approximately 45 miles per hour. Both vehicles weighed about 33,000 pounds. The Medical Treatments Qaadir experienced leg and back pain the next day, which prompted him to seek medical treatment under his health insurance plan at the Kaiser South Bay Medical Center and

“ ‘As a general rule, issues not raised by the appealing parties may not be considered if raised for the first time by amici curiae. [Citations.]’ ” (Mercury Casualty Co. v. Hertz Corp. (1997) 59 Cal.App.4th 414, 425.) “California courts refuse to consider arguments raised by amicus curiae when those arguments are not presented in the trial court, and are not urged by the parties on appeal. ‘ “Amicus curiae must accept the issues made and propositions urged by the appealing parties, and any additional questions presented in a brief filed by an amicus curiae will not be considered [citations].” ’ ” (California Assn. for Safety Education v. Brown…

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