Cavey

FACTS

On May 8, 2017, plaintiff was a passenger in a vehicle hit by a truck driven by Policarpio Tacas Tualla, Jr. and registered to District (collectively, defendants). The collision occurred near the corner of Buttonwillow and Parlier Avenues in Fresno County. Plaintiff alleges Tualla fell asleep while driving, which caused the collision and her injuries.3 Plaintiff notes that Graham’s complaint alleged (1) the vehicle driven by Tualla was a 2007 GMC 2500 truck owned by District; (2) the California Highway Patrol’s traffic collision report indicated Tualla has a medical condition of continued epilepsy and takes medication for it; (3) District was aware of Tualla’s medical condition and the likelihood of injury to others it presents; (4) Tualla has been involved in at least three motor vehicle accidents while working for District; and (5) in July 2016, Tualla was charged with hit and run in Fresno County Superior Court criminal case No. M16924192. The First Claim After the traffic accident, plaintiff received treatment for some of her injuries from Lark Chiropractic, which had her sign several forms. Those forms included a one-page document labeled “CLAIM FOR DAMAGES” with the…