David v. Hernandez

In David v. Hernandez (2014) 226 Cal.App.4th 578, a jury found by way of special verdict that the defendant truck driver had breached his duty of care but his conduct was not a substantial factor in causing harm to plaintiffs. (David, supra, 226 Cal.App.4th at pp. 581, 585.) After the truck driver parked his northbound vehicle alongside the west edge of Pacific Coast Highway to rest, the truck driver turned back onto the northbound lane at twilight. (Id. at pp. 582-583.) Before the truck driver had the opportunity to complete the turn, a southbound vehicle drove into the end of the trailer in the southbound lane without braking; the plaintiffs (including the driver of the vehicle) were distracted by their attempt to play music on a laptop computer. (Ibid.) The record was silent with regard to the jury's belief as to how the truck driver was negligent. (Id. at pp. 585-586.) Substantial evidence supported any of the following possible findings: (1) the truck had a nonfunctioning turn signal; (2) the trailer had improperly maintained reflector strips and lights on its side; and (3) the truck driver failed to survey his surroundings from an optimal position before turning back on the road. (David, supra, 226 Cal.App.4th at pp. 588-589.) These types of negligence did not necessarily have a causal impact on the collision. (Id. at pp. 586-587.) The jury did not make specific findings that the truck driver had illegally parked on the left side of the roadway or that he failed to yield to the plaintiffs' vehicle during the turn, findings which would be more difficult to square with the conclusion that his conduct was not a substantial factor in causing harm to the plaintiffs. (Id. at pp. 587-588.) In sum, David rejected the idea that the jury's verdict was inconsistent because "the jury could have reasonably concluded that the collision was caused by the plaintiff's inattentiveness to the road ahead of him rather than any act of negligence committed by" the truck driver. (Id. at p. 588.)