D.D.

D.D. v. Pitcher

Good Law
Court of Appeal of CaliforniaJune 15, 2022F080947California8,371 words

Opinion

Opinion

Detjen, J.

Discussion. Plaintiff D.D., a minor, by and through his guardian ad litem, Carlos M., appeals from a judgment entered after a jury trial, and from an order denying his motion for a new trial. We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

On April 5, 2017, D.D.’s guardian ad litem filed suit against David Pitcher and his spouse, Heather Kann, (collectively, defendants) for damages resulting from personal injuries suffered by D.D. in connection with a bicycle accident that occurred on February 22, 2016, at defendants’ residence in Bakersfield, California. D.D. was six years old at the time of the incident. In his complaint, D.D. alleged causes of action for general negligence and premises liability. D.D. alleged, in part: “As a result of [Pitcher]’s negligence, [D.D.] was struck and run over by a bicycle, thereby causing the injuries and damages complained of herein.” On August 23, 2018, the cause of action for premises liability was “[r]emov[ed]” (italics omitted) from the complaint and Kann was “[r]emoved” as a defendant. Trial commenced on November 18, 2019. During their respective trial testimonies, D.D. and Pitcher gave different accounts of how the bicycle accident occurred.…

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