(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this brain injury/car accident case and its proceedings.)
PLAINTIFF’S OPPOSITION TO DEFENDANT’S MOTION FOR JUDGMENT NOTWITHSTANDING THE VERDICT
MEMORANDUM OF POINTS & AUTHORITIES
On September 9, 2005, a completely avoidable high-speed collision occurred on Highway 160 at the intersection of Royal Oaks Avenue shortly before midnight between two vehicles. Sacramento Police Officer Paul Black was rocketing down the road, eastbound, with two county probation officers in his vehicle, returning from a police matter in Roseville. Black was not authorized to be speeding, and he testified he had no right to be doing so. According to Black, he was not driving in any emergency fashion, or otherwise permitted to be operating under “Code 3” conditions. Therefore, it is undisputed that he had, at all times relevant, an obligation to adhere to the same rules of the road as a motor vehicle operator as any other citizen.
As Officer Black approached the intersection of Royal Oaks Avenue that evening, traveling well over the posted speed limit, at least pre-skid, Don Choo was waiting at a stop sign and the limit line to make a left-turn across Highway 160. He intended to traverse the two west-bound lanes of travel and enter the east-bound lanes. According to Mr. Choo, he nudged his vehicle out past the limit line to gain a line of sight to his left, and although he saw the oncoming Black vehicle, it appeared far enough away that he felt he could safely start the process of making his left-hand turn. The Choo vehicle, a white 2003 Chevrolet Malibu, started out and all of a sudden, Mr. Choo perceived the oncoming police vehicle traveling at an extremely high rate of speed. (See Part 2 of 9.)
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.