Heavy Duty Truck Leasing, Inc. v. Superior Court

This is a petition for writ of mandate and writ of prohibition to respondent court to vacate its order declaring a mistrial and order respondent clerk to enter judgment on the jury verdict; to respondent clerk to enter such judgment; and prohibiting retrial. We herein grant a writ of mandate vacating said order and ordering judgment on said verdict.

Real parties in interest Orlo M. and Fay Tyler, husband and wife, sued petitioner and other defendants in respondent Los Angeles Superior Court claiming damages from an accident between a car driven by Orlo and a 1960 truck owned by petitioner and other named defendants. The complaint alleged that the accident was caused by the negligent parking of the truck by the owners’ agent, who was operating it with their consent. Plaintiff Orlo sought damages for personal injuries, plaintiff Fay for the loss of Orlo’s services and assistance, and both plaintiffs for the damages to their car. Petitioner’s answer admitted ownership of a 1961 tractor, and denied the rest.

A jury trial was held in respondent court, at the conclusion of which the jury returned a single verdict “for the defendant, Heavy Duty Truck Leasing, Inc., and against…