In an interesting personal injury claim coming out of California, the Court of Appeal for the Fourth Appellate District, has reinstated a plaintiff’s case arising from injuries sustained in a motor vehicle accident. (See Navarrete v. Meyer, (2015), CA Fourth District Court of Appeal, Case No. D067454).
Facts of the Case: On November 26, 2009, a vehicle driven by defendant, Brandon Coleman, was traveling with two passengers. Defendant, Hayley Meyer, was riding in the front passenger seat and the second occupant was in the rear. As the vehicle was traveling to a drug store, defendant Meyer is alleged to have encouraged the driver to turn down a street known to have a lot of “dips” and to go fast to attempt to “get airborne”. Despite the stated speed limit of 25 m.p.h., the driver got the vehicle to an estimated 80 plus miles per hour, hit the “dip”, lost control of the vehicle and crashed into a parked vehicle. At the time of the collision, plaintiff’s husband was standing alongside the parked vehicle attempting to strap a child into a car seat. He was struck, his legs were both severed and he died of his injuries. His wife brought a wrongful death claim initially against the driver and the County of Riverside, CA (claiming negligence operation of a motor vehicle and a dangerous roadway condition of public property, respectively). The lawsuit was later amended to add passenger Meyer as a defendant under theories of “civil conspiracy” and violation of California Vehicle Code 21701, which states, in pertinent part as follows:
“No person shall wilfully interfere with the driver of a vehicle or with the mechanism thereof in such manner as to affect the driver’s control of the vehicle.”