Gee v. Quach CA4/3
This negligence case arises from a tractor-trailer accident in which a commercial transport truck being driven by defendant Ahn Tran (Tran) crashed through a highway guard rail and plunged down an embankment during a very heavy rainstorm. Tran’s co-driver on the job, plaintiff Randie Gee (Gee), was asleep in the sleeping area of the truck in the early morning hours when the accident occurred. Gee allegedly suffered life-changing injuries.
After a jury found Tran was not negligent, Gee and his wife filed motions for a partial judgment notwithstanding the verdict (JNOV) on the issue of negligence and for a new trial. The trial court denied the former, but granted the latter based on insufficiency of the evidence. Sitting as an independent trier of fact, the court concluded “the jury clearly should have reached a different verdict on the issue of negligence.”
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