Damele v. MacK Trucks, Inc.

Opinion

WHITE, P. J.

Plaintiff and respondent Bernie Damele was severely injured when he was caught between a truck and its trailer while working at the Altamont Landfill. The accident was caused in part by faulty brakes which had been recently serviced by appellant Mack Trucks, Inc. (hereafter Mack). The jury assessed respondent’s damages at $650,000. It found that appellant Mack was 49 percent at fault, respondent’s employer (Oakland Scavenger Company) was 49 percent at fault, and that respondent himself was 2 percent at fault. Judgment was entered in accordance with this verdict.

On appeal,…