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Horvitz & Levy successfully resisted the plaintiffs’ appeal from a defense verdict, thereby avoiding plaintiffs’ claims for millions of dollars in damages for wrongful death.
Following an automobile accident on Highway 101 in Northern California, plaintiffs sued the seller of an RV that allegedly leaked hydraulic fluid on the highway, causing plaintiffs’ vehicle to lose control, cross the highway median and strike an oncoming car head on. Plaintiffs alleged that at the time of sale, the RV was defective because a hydraulic hose was improperly installed on the RV’s undercarriage, causing the hose to abrade and rupture.
A jury found the RV was not defective at the time of sale and returned a defense verdict. On appeal, plaintiffs did not challenge the sufficiency of the evidence to support the verdict and argued instead for a new trial based upon claims of jury misconduct, attorney misconduct, and instructional and evidentiary error. The Court of Appeal rejected all of plaintiffs’ arguments and affirmed the defense verdict.
