David

David v. Hernandez

Good Law
13 Cal. App. 5th 692·2017 Cal. App. LEXIS 634·220 Cal. Rptr. 3d 715·2017 WL 3141173
Court of Appeal of CaliforniaJuly 25, 20172d Civil No. B270133California5,055 words

Opinion

Lead Opinion

Yegan, J.

*694 David Hernandez and D & H Trucking appeal from a $3.3 million personal injury judgment entered against them. 1 Appellant's truck was involved in a collision with a minivan driven by respondent Joshua David, who sustained serious physical injuries.

This is the second appeal in this matter. In the first appeal, we reversed a judgment entered in appellant's favor after a jury trial. ( David v. Hernandez (2014) 226 Cal.App.4th 578 , 592, 172 Cal.Rptr.3d 204 .)

On retrial, the jury found that it is reasonably certain respondent will need four future shoulder surgeries. Appellant concedes that one future shoulder surgery is reasonably certain. He contends that the evidence is insufficient to support the need for three subsequent shoulder surgeries. He also contends that the trial court erroneously excluded expert testimony that respondent's ability to drive was impaired by marijuana use. We affirm.

*695 Facts

Appellant is a truck driver. At the time of the collision in June 2010, he was driving a tractor that was hauling a flatbed trailer. The trailer was 45 feet long. It was carrying a load of cement that weighed approximately 45,000 pounds.

While traveling northbound on…

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