Adelelmo Cabral was driving home from work on the Eastbound I-10 freeway when he lost control of his car, crossed several lanes of traffic, and collided with the rear of a Ralph’s tractor-trailer rig that had been parked on the freeway shoulder, about 16-feet from the edge of the right lane. The area where the truck had been parked was marked by CalTrans with an “Emergency Parking Only” sign. The Ralph’s driver had stopped there to have a snack. He chose that specific area because it was shaded. Michael Horrow represented Mr. Cabral’s wife and children in a wrongful-death case against Ralph’s.
At trial, Mr. Horrow obtained a jury verdict in favor of the Cabral family, which found that the Ralph’s driver had been negligent in parking his truck adjacent to the freeway, and he also persuaded the trial court to deny Ralph’s motion for judgment notwithstanding the verdict. On appeal, however, the Court of Appeal reversed the judgment in favor of the Cabral family, finding that Ralphs could not be held liable because its driver owed no duty of care to passing motorists with respect to where he parked his truck alongside the freeway.
The California Supreme Court agreed to hear the case, and reversed the Court of Appeal, reinstating the jury verdict.