SHIVER v. LARAMEE

[Modification of opinion (24 Cal.App.5th 395; ___ Cal.Rptr.3d ___).]

THE COURT. — IT IS ORDERED that the opinion filed herein on June 12, 2018, be modified as follows:

1. Page 1, first paragraph, second to the last sentence [24 Cal.App.5th 397, advance report, 1st par., lines 4-9]:

"The driver of a motor vehicle who lawfully has the right of way is 1) not required to foresee "roadrage"; and 2) that cars merging on a freeway onramp will unsafely merge and then "slam" on the brakes in front of the driver," is deleted and replaced with:

"A freeway driver with the right of way is not required to anticipate an act of road rage that unexpectedly causes merging traffic in front of him to come to almost a dead stop."

2. Page 1, second paragraph, first sentence [24 Cal.App.5th 397, advance report, 2d par., lines 1-2]:

"Appellant Joshua Shiver brought a negligence action against respondents Charles Edward Laramee and John Shapka Trucking, Ltd," is deleted and replaced with:

"Appellant Joshua Shiver brought a negligence action against respondents Charles Edward Laramee and Don Shapka Trucking, LTD."

3. Page 2, first full paragraph, third sentence [24 Cal.App.5th 397, advance report, 3d par., lines 3-5]:

"John Shapka Trucking, Ltd., was Laramee's employer and the owner of the tractor-trailer" is deleted and replaced with:

"Don Shapka Trucking, LTD, was Laramee's employer and the owner of the tractor-trailer."

No change in judgment.