California Court of Appeal

In this case, defendant crashed a vehicle during a test drive with plaintiff-salesperson in the passenger seat. Plaintiff suffered significant injuries as a result. Judgment finding defendant negligent, finding plaintiff not comparatively negligent, and awarding plaintiff more than $1.2 million in damages is vacated and the matter is remanded to the trial court for a new trial, where: 1) the trial court erred in admission of certain evidence; 2) plaintiff's counsel committed misconduct in at least two instances; and 3) the cumulative prejudice from these errors requires that the verdict be set aside and that the matter be remanded for a new trial.

Appellate Information

• Decided 01/13/2015
• Published 01/13/2015

Judges

• Bruiniers

Court

• California Court of Appeal

Counsel