Tuesday, March 29, 2011
This month, the California Supreme Court affirmed a jury's verdict holding Ralph's Grocery Company partially liable for the death of a motorist who veered off the freeway and collided with a parked Ralph's truck. (Cabral v. Ralph's Grocery Company (2011) 51 Cal.4th 764). The Court ruled that a trucker owes a duty of ordinary care when parking alongside a freeway to park in such a manner as to avoid injury or death to other motorists. Stopping on the dirt shoulder of the freeway, in an area designated for emergency parking, to have a snack, is not an emergency, and will result in liability for injuries or death to the motorist whose vehicle veers off the freeway and collides with the parked truck.