Community Asphalt Corp. v. Bassols

Community Asphalt Corporation and Alfredo Martinez appeal the trial court’s order granting a new trial based upon an improper closing argument. We reverse because the comments defense counsel made during closing argument were insufficient to warrant a new trial.

This case involved a motorcycle accident in which Martinez’s truck struck Joaquin Bassols. Bassols sued Martinez, the driver, and Community Asphalt, the owner of the dump truck. Various witnesses testified at trial and both parties presented expert testimony. Credibility became a central issue in the case. Bassols’ sister testified…