Moss v. 21st Century Ins. Co. CA4/2
This appeal presents the question whether the trial judge properly entered summary judgment for respondent 21st Century Insurance Company (21st Century) on appellant Neco Moss’s cause of action for fraud.
This appeal arises from an automobile accident involving Moss, Juan Manuel Orozco, Robert Henry Hartman, and two other motorists. The accident occurred on May 15, 2013, on the eastbound 210 freeway in Fontana. Orozco crossed a double yellow line to enter the carpool lane at a relatively low speed in the path of Hartman’s truck. Hartman struck Orozco’s vehicle, Orozco hit Moss’s vehicle, Moss hit a fourth vehicle, and the fourth vehicle hit a fifth. Moss sued Hartman and Orozco and a jury found Hartman was not negligent and found Orozco had been negligent but awarded no damages. Moss appealed that verdict in a companion case, and we affirmed the judgment.
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