Jack Henning Received Summary Judgment in Motor Vehicle Accident Case

September 21, 2020 08:32 AM
Jack Henning

Jack Henning at Dillingham & Murphy in San Francisco recently was granted summary judgment in a motor vehicle accident case.  Jack’s clients were a vehicle auction facility and its employee.  The employee was driving a used vehicle from a dealership to the auction facility when a highway accident with a motorcycle resulted in the motorcyclist receiving a traumatic brain injury.  The motorcyclist sued the auction facility, the driver, the dealership that owned the vehicle, and the prior owner of the vehicle who recently traded in the vehicle at the dealership.  Jack’s forensic mechanic determined the accident occurred when the rear wheels locked after the vehicle transfer case seized after overheating due to a lack of oil.  The opposition argued the seizing of the gears in the transfer case should have made sounds that alerted the driver to the existence of mechanical problems and that there should have been sufficient time for the driver to merge over to the highway shoulder before making contact with the motorcycle.  The court granted the motion, finding not only was there no breach, but also that the conduct of the moving defendants was not the proximate cause of the plaintiff’s injuries. 

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