California Court of Appeal

In a wrongful death action brought by the daughter of a man who was struck and killed by defendant-county's Sheriff's car while he was standing near his car after an accident on the freeway, judgment in favor of plaintiff which apportioned 14 percent of the fault to decedent for his marijuana use is reversed and remanded, where: 1) evidence of marijuana use is irrelevant in the absence of a causal connection between the marijuana use and the accident; and 2) admission of the evidence was prejudicial, because it is reasonably probable the allocation of fault for decedent's death would have been more favorable to plaintiff if the marijuana evidence had been excluded.

Appellate Information

• Decided 06/17/2014
• Published 06/17/2014

Judges

• KRIEGLER

Court

• California Court of Appeal

Counsel