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BAPTIST v. ROBINSON

No. H029233.

49 Cal.Rptr.3d 153 (2006)

143 Cal.App.4th 151

Ronald A. BAPTIST, et al., Plaintiffs and Appellants, v. Thomas ROBINSON, Jr., Defendant, Cross-Complainant and Appellant. Thomas Fogarty Winery, LLC., Defendant, Cross-Defendant and Respondent.

Court of Appeal of California, Sixth District.

September 21, 2006.

Attorney(s) appearing for the Case

Paul B. Kemp, Esq., Law Office of Paul B. Kemp, for Appellant Ronald A. Baptist, et al.

Robert M. Gerhardt, Esq., Benjamin A. Emmert, Esq., Ericksen, Arbuthnot, Kilduff, Day & Lindstrom, Inc., San Jose, for Defendant, Cross-Complainant and Appellant Thomas Robinson, Jr.

Cheryl L. Ferguson, Glaspy & Glaspy, Inc., for Respondent Thomas Fogarty Winery, LLC.

BAMATTRE-MANOUKIAN, Acting P.J.

Just before dawn on October 23, 2003, plaintiff Ronald Baptist was riding his motorcycle on Highway 85 when he struck a large plastic agricultural bin that had fallen from a pickup truck. He sustained serious injuries. The pickup truck was owned and driven by defendant Thomas Robinson, who was employed by defendant Thomas Fogarty Winery, LLC (the Winery). The bin belonged to the Winery...

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