Taulbee

Taulbee v. EJ Distribution Corp.

Good Law
247 Cal. Rptr. 3d 538·35 Cal. App. 5th 590
Court of Appeal of CaliforniaApril 23, 2019G054545California2,678 words

Opinion

Lead Opinion

Aronson, J.

*592 On August 20, 2012, appellant Stephen Taulbee suffered catastrophic injuries after driving his Jeep into the back of a truck parked in a gore point, a triangular-shaped zone demarcated by the freeway and the exit ramp. Taulbee and his wife *540 (collectively "appellants") sued respondent Carlos Aldana, the truck driver, and his employer, respondent EJ Distribution Corporation (collectively "respondents"). The trial court instructed the jury that it could find Aldana negligent per se for parking in the gore point ( Veh. Code, § 21718 ; all further statutory citations are to this code unless otherwise stated), and that Taulbee could be found negligent per se for driving into the gore point (§ 21651). The court declined to instruct the jury that Aldana also could be found negligent per se for driving into the gore point to park his vehicle (§ 21651), although appellants requested the instruction. After the jury found Aldana was not negligent for parking in the gore point, the court entered judgment for respondents.

Appellants contend the trial court prejudicially erred in not giving the requested negligence per se instruction. They argued substantial evidence supported their…

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