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Case Name Cabral v. Ralphs Grocery Company
Date 11/10/2009
Note The California Supreme Court declined to adopt an exemption from the general duty of ordinary care for Ralphs, after a negligent driver crashed into one of its trucks that was parked alongside the highway.
Citation E044098
WCC Citation WCC 37212009 CA
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT DIVISION TWO No. E044098 November 10, 2009 MARIA CABRAL, PLAINTIFF AND RESPONDENT, v. RALPHS GROCERY COMPANY, DEFENDANT AND APPELLANT. Ralphs sought clarification and the following exchange occurred: "[COUNSEL FOR RALPHS]: Your Honor, may I just inquire?In the motion for judgment notwithstanding the verdict, Ralphs argued that Horn owed no duty to Decedent and that the intervening superseding negligence of Decedent exonerated Ralphs from all liability. Opinion Footnotes *fn1 Although Ralphs Grocery Company and Hen Horn were parties at the trial level, Ralphs is the only named defendant on appeal. *fn2 Although Maria Cabral and her children were parties at the trial level, Maria Cabral is the only named plaintiff on appeal.

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