California Court of Appeal

In a personal injury action in which plaintiff sustained severe brain injury when vehicle rolled over after rear tire delaminated, jury verdict for defendant on breach of warranty claim is reversed where: 1) evidence of plaintiff's illicit, intimate conduct was not relevant; 2) to extent evidence was relevant, it should have been excluded as unduly prejudicial in response to plaintiff's motion under Evidence Code section 352; and 3) its admission caused a miscarriage of justice.

Appellate Information

• Decided 08/07/2008
• Published 08/07/2008

Judges

• MALLANO, P.J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Girardi and Keese, David R. Lira, Shahram A. Shayesteh, David N. Bigelow, Los Angeles;  The Mandell Law Firm, Laurence H. Mandell and Robert J. Mandell, Northridge, for Plaintiff and Appellant.


• For Appellees:
  
• Yukevich Calfo & Cavanaugh, James J. Yukevich, Thomas Borncamp and Emily Hicks, Los Angeles, for Defendants and Respondents.