(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this personal injury case and its proceedings.)
It is worth noting that situations similar to those described in this automobile accident case could just as easily involve the California Highway Patrol or the law enforcement divisions of any local municipality, such as Roseville, Folsom, El Dorado Hills, West Sacramento, or Elk Grove.
PLAINTIFF’S OPPOSITION TO DEFENDANT’S MOTION FOR JUDGMENT NOTWITHSTANDING THE VERDICT
This opposition by plaintiff is made and based on the Memorandum of Points and Authorities attached hereto, the evidence presented at the trial in this matter, the reporters’ transcripts of the trial proceedings, and upon such argument and further evidence as may be presented at the hearing thereof. For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.
MEMORANDUM OF POINTS & AUTHORITIES
INTRODUCTION
On September 9, 2005, a completely avoidable high-speed collision between two vehicles occurred on Highway 50 at the onramp of Watt Avenue shortly before midnight. Sacramento law enforcement officer William Smith was rocketing down the road, eastbound, with two county probation officers in his vehicle, returning from a police matter in an unrelated incident. Smith was not authorized to be speeding, and he testified he had no right to do so. According to Smith, he was not driving in an 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 Smith approached the intersection of Watt Avenue that evening, traveling well over the posted speed limit (at least, pre-skid), Ken Black was driving slowly as he waited to enter Highway 50. He intended to traverse the two slowest lanes of travel and enter the fast lane. According to Mr. Black, he nudged his vehicle into the entrance lanes to gain a line of sight to his left, and although he saw the oncoming Smith ploice vehicle, it appeared far enough away that he felt he could safely start the process of making his entrance. Mr. Black’s vehicle, a white 2004 Chevrolet Impala, started moving and all of a sudden he perceived the oncoming police vehicle traveling at an extremely high rate of speed. (See Part 2 of 10.)
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.