SHIVER v. LARAMEE

No. B283420.

24 Cal.App.5th 1203 (2018)

JOSHUA SHIVER, Plaintiff and Appellant, v. CHARLES EDWARD LARAMEE, et al., Defendants and Respondents.

Court of Appeals of California, Second District, Division Six.

July 11, 2018.


[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.


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