clark v. sotelo, et al.

auto v. auto


the case

Plaintiff was in the front passenger seat of the vehicle her husband was driving southbound on U.S. Route 101 in Monterey County, California, when flattened cardboards began coming out of the back of a trailer that was being towed behind a truck. One of the loose pieces of cardboard landed on Plaintiff's windshield, initially obstructing the view of the road. As Plaintiff's husband applied that brakes and slowed the vehicle, the vehicle was struck from behind by another vehicle. As a result of the collision, Plaintiff sustained soft tissue injuries and developed myofascial thoracic pain.  Plaintiff brought a claim against the driver of the truck towing the trailer with cardboard and the driver of the vehicle that rear-ended Plaintiff's vehicle. Plaintiff contended that the driver of the truck towing the trailer with cardboard was negligent for failing to take measures to prevent the contents from escaping from the trailer. Plaintiff also contended that the driver of the vehicle that rear-ended her vehicle was negligent for driving at a speed greater than is reasonable and failing to maintain a safe distance behind Plaintiff's vehicle.  Defendants blamed each other for causing the crash, as well as blaming Plaintiff's husband, alleging that he was following to closely behind the trailer and slammed on the brakes when the cardboard was on the windshield. Defendants also disputed the cause, nature and extent of the damages claimed by Plaintiff. A Monterey jury returned a verdict for the Plaintiff.    


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