Villanueva-Diaz v. County of Ventura et al.
Plaintiff tow truck driver responded to a 7-Eleven to tow a disabled vehicle parked in the parking lot. While performing his work and laying in an adjacent parking space, Defendant sheriff deputy pulled into the adjacent parking space in a sheriff vehicle and the right front tire ran on top of plaintiff’s right ankle. Plaintiff sustained an ankle fracture and had 4+ surgeries.
Plaintiff sued the County and the sheriff deputy, and contended that Defendants were negligent in the operation of the sheriff vehicle, and that the sheriff was driving at an unsafe speed and should have seen plaintiff prior to the accident.
Defendants disputed liability and damages based on line-of-sight analysis, plaintiff’s comparative negligence in failing to protect his work area, and reconstruction of the accident and speed. The jury returned a 9-3 defense verdict on negligence.
