Visueta
Visueta v. General Motors Corp.
Opinion
Lead Opinion
Yegan, J.
Richard Visueta and Michael Bunt appeal from a summary judgment granted in favor of General Motors Corporation (GMC). The trial court found that no triable facts existed as to causation on their cross-complaint for indemnity. We agree.
On October 2, 1986, Bunt was driving Visueta’s 1965 Chevrolet flatbed truck which had negligently maintained brakes. Visueta told Bunt to drive the truck to the Santa Barbara County dump and to unload several tons of roofing debris. When Bunt turned from Highway 101 onto El Sueno Road, the hydraulic brakes failed. He pumped the brakes and downshifted, but could not make the turn. The truck crossed the double yellow line and struck a car driven by Richard Pilón who died as a result of the collision.
Pilon’s heirs filed a wrongful death action against Bunt, Visueta, State of California, and the City and County of Santa Barbara. Bunt and Visueta cross-complained against GMC alleging that the lever to the parking brake was installed in an inaccessible location, making it “impossible to reach during an emergency.” This claimed design defect allegedly impaired Bunt’s ability to use the parking brake to slow the truck and avoid the collision.…