Turner v. Wu
This appeal arises out of a fatal traffic accident and the ensuing wrongful death action. Defendant Jonathan Wu was driving his parents Toyota Highlander sports utility vehicle on the night of October 10, 2003, when he collided with motorcyclist Michael Turner at the intersection of San Gabriel Boulevard and Duarte Road in San Gabriel. The action was brought by plaintiffs Barbara Turner, the decedents mother, and William R. Hodgkinson, the owner of the motorcycle, against Jonathan and his father Albert Wu. Following the liability phase of the jury trial, the jury returned special verdicts that Jonathan was negligent and his negligence was a substantial factor in causing Turners death. The jury also found Turner was negligent, but that his negligence was not a substantial factor in causing his own death. Following the damages phase, the jury found Mrs. Turner suffered damages of $2 million for the loss of her sons companionship. The trial court denied defendants new trial motion and entered judgment in favor of plaintiffs.
Defendants timely appealed, contending (1) the trial court abused its discretion in refusing to permit California Highway Patrol Officer Bret Kwarta to testify as an expert witness as to the fatal collisions point of impact, and in refusing to permit defense expert witness Kenneth Obenski to testify as to the standard of care applicable to motorcyclists, (2) plaintiffs counsel engaged in prejudicial misconduct, and (3) the jurys special verdicts regarding Turners negligence amounted to irreconcilable and inconsistent determinations of material fact. As we explain, none of these contentions is well taken. Court therefore affirm.
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