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DAMELE v. MACK TRUCKS, INC.

Docket No. A043354.

219 Cal.App.3d 29 (1990)

267 Cal. Rptr. 197

BERNIE DAMELE, Plaintiff and Respondent, v. MACK TRUCKS, INC., Defendant and Appellant.

Court of Appeals of California, First District Division Three.

March 5, 1990.

Attorney(s) appearing for the Case

COUNSEL

Capps, Staples, Ward, Hastings & Dodson and J. Lucien Dodson III for Defendant and Appellant.

Walkup, Shelby, Bastian, Melodia, Kelly, Echeverria & Link, Kevin Domecus, De Goff & Sherman and Victoria J. De Goff for Plaintiff and Respondent.

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...

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