California Court of Appeal

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Lawson v. Safeway, Inc., A125209

In plaintiffs' suit against Safeway, a driver of a Safeway truck, the driver of a pickup, and the State of California, arising from an automobile accident on a U.S. highway, allegedly caused by the illegally parked Safeway tractor trailer on the highway, jury verdict awarding substantial damages to the plaintiffs and apportioning 35 percent fault to Safeway, and 35 percent to the State of California, and 30 percent to the driver of the pickup, is affirmed as a duty to park safely, as well as legally, was owed because of the particular facts of this case, where the parked vehicle was a 65-foot long, 12-1/2 foot tall, 8 1/2-foot wide commercial truck and the evidence showed that the drivers of such trucks are or should be professionally trained to be aware of the risk of blocking other drivers' sight lines when parking, the truck was parked at a high-speed well-traveled intersection, and a safe parking spot was available right around the corner.

Appellate Information

  • Decided 12/30/2010
  • Published 12/30/2010

Judges

  • Marchiano

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  • James A. Wyatt, Raymond A. Cardozo

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