Dunlap v. Folsom Lake Ford CA3
Plaintiff Robert Dunlap was severely injured when he lost control of a borrowed Ford F-250 pickup truck towing a van, after the van’s right front tire blew out and the truck’s steering locked. Plaintiff and his wife, Jessica Dunlap, sued the seller of the used truck -- defendant Folsom Lake Ford (FLF) -- alleging FLF was liable for failing to replace the truck’s worn ball joints, which caused the truck’s steering to lock.
Vehicle insurers destroyed the truck and the van for salvage before experts could inspect them, through no fault of the parties.
A jury found defendant liable and awarded damages to the Dunlaps.
FLF appeals, contending plaintiffs’ expert evidence was speculative, and the destruction of the vehicles left plaintiffs unable to prove causation. FLF argues the trial court made evidentiary and instructional errors in allowing the case to go to the jury, and the court erred in denying FLF’s motions for judgment notwithstanding the verdict (JNOV) or new
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