Simmons v. Wexler

Opinion

KINGSLEY, Acting P. J.

Plaintiff Simmons sued Wexler for personal injuries. Plaintiff was driving to work at 7:42 a.m. on his Honda motorcycle. He did not have his headlamps on. It was a sunny day, and the motorcycle brakes were in good condition, the weather was clear, and there was no other traffic on the two streets involved.

Debra Harris, a disinterested witness, was driving home in her van when she saw the accident. She saw defendant’s vehicle an instant before it entered the intersection. Defendant’s vehicle slowed down at the stop sign but never came to a complete stop. Plaintiff…