Torts Keyed to Goldberg
Victor v. Hedges
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Michael Hedges invited Stephani Victor to see a new compact disc player, owned by Thermtech, Inc.,that Hedges had the back of his Ford Explorer.To do so, Hedges parked his car on the sidewalk, approximately three to four feet from the curb, in violation of Cal. Veh. Code § 22500. Due to construction that was taking place in the area, the street was parallel to the sidewalk and the street was reduced to one lane. Also, the area contained gravel, potholes, and other bumpy conditions that created jerky movements for drivers as they drive in the area.As Mark Williams was driving in the area, he took his eyes off the road to fast-forward a cassette tape. At this moment, Williams’ steering wheel jerked, causing his car to pull to the right and two of his tires hit the curb and pop. Subsequently, Williams’car then struck Victor, causing Victor serious injury. Victor sued Williams, Hedges, and Thermtech. Victor presented expert testimony that indicated, based on traffic engineering human factors, one could predict that due to the street conditions that Williams’s car may veer to the right, as it did. The trial court ruled in Hedges and Thermtech’s favor by granting summary judgment. Victor appealed.
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