Cabral v. Ralphs Grocery Co.

I respectfully dissent. In my opinion (1) Ralphs Grocery Company (Ralphs), through its truckdriver, Hen Horn, owed a duty to Adelelmo Cabral (Decedent); (2) substantial evidence supports the jury's finding that Horn's actions were the proximate cause of the accident; and (3) the trial court properly admitted Robert Anderson's expert testimony. I would affirm the judgment.

A. Duty of Care

Ralphs contends the trial court erred by denying its motion for judgment notwithstanding the verdict because Horn owned no duty of care to Decedent. I disagree.

In determining whether to grant a motion for…