Victor v. Hedges
California Court of Appeal
91 Cal. Rptr. 2d 466 (1999)
Michael Hedges (defendant) illegally parked his Ford Explorer on the sidewalk to show Stephani Victor (plaintiff) a CD player, violating a state code provision. Nearby road construction had narrowed traffic to one lane over gravel and potholes, conditions that could jolt vehicles unpredictably, something Hedges himself had experienced. Driver Mark Williams (defendant), distracted by fast-forwarding a cassette, hit a bump that jerked his wheel, sent two tires into the curb, and blew them out, causing his car to strike and seriously injure Victor as she stood near Hedges's illegally parked vehicle. Victor's expert testified that traffic-engineering principles could predict Williams's car would veer right given the road conditions. The trial court granted Hedges and Thermtech summary judgment, and Victor appealed.
Whether violation of a safety statute constitutes negligence per se where the statute was not designed to protect against the event that caused injury.