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)
STORY CONTINUE
FROM PART II….
Motor Carrier Issue
1. The Contract
As we have
said, whether Wyatt or the City was the motor carrier turns on whether Wyatt
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| 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. |
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