BOWMAN v. WYATT
Filed 7/1/10
CERTIFIED FOR PUBLICATION
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SECOND APPELLATE DISTRICT
DIVISION FOUR
BARRY A. BOWMAN,
Plaintiff and Respondent,
v.
TOMMIE WYATT, JR.,
et al.,
Defendants and Appellants.
B207468
(Los Angeles County
Super. Ct. No. BC329390)
APPEAL
from a judgment of the Superior
Court of Los Angeles
County, Holly E. Kendig, Judge. Affirmed in part; reversed in part.
Law
Office of Stephen S. Talt and Stephen S. Talt for
Defendant and Appellant Tommie Wyatt, Jr.
John
P. DeGomez, Greines, Martin, Stein & Richland, Feris M. Greenberger,
Carolyn Oill, and Sheila A. Wirkus for Defendant and Appellant City of Los
Angeles.
Robert
S. Gerstein, Tourtelot & Butler and Robert H. Tourtelot, and T. Sean Butler
for Plaintiff and Respondent.
Plaintiff
Barry A. Bowman (plaintiff or Bowman) brought the present action after
suffering devastating
injuries when his motorcycle collided with a dump truck owned and operated
by defendant Tommie Wyatt, Jr. (Wyatt).
The collision occurred shortly after Wyatt delivered a load of asphalt
to a work site of defendant City of Los Angeles (City), with whom Wyatt was under
contract.
The jury found that Wyatt caused the
accident by negligently making a left turn in front of Bowman's
motorcycle. The jury further found that
Wyatt was a City employee, that the City breached a duty to inspect and
maintain the dump truck's brakes, that the truck was controlled by the City and
was in a dangerous condition, and that the work in which Wyatt was engaged at
the time of the accident involved a special risk of harm. It returned a verdict for Bowman of over
$15 million.
The City has appealed, contending
that: (1) the jury was misinstructed on
several critical issues, including the factors it was to consider in
determining if Wyatt was an employee or independent contractor; (2) there was
no substantial evidence to support a finding that defects in the dump truck's
brakes were a proximate cause of the accident; (3) as a matter of law, the work
in which Wyatt was engaged did not involve a peculiar risk of harm; and
(4) the trial court erred in deciding as a matter of law that the City was
the dump truck's â€
| Description | Plaintiff Barry A. Bowman (plaintiff or Bowman) brought the present action after suffering devastating injuries when his motorcycle collided with a dump truck owned and operated by defendant Tommie Wyatt, Jr. (Wyatt). The collision occurred shortly after Wyatt delivered a load of asphalt to a work site of defendant City of Los Angeles (City), with whom Wyatt was under contract. The jury found that Wyatt caused the accident by negligently making a left turn in front of Bowman's motorcycle. The jury further found that Wyatt was a City employee, that the City breached a duty to inspect and maintain the dump truck's brakes, that the truck was controlled by the City and was in a dangerous condition, and that the work in which Wyatt was engaged at the time of the accident involved a special risk of harm. It returned a verdict for Bowman of over $15 million. |
| Rating |
