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Mendoza v. Club Car6/5/2000
As amended June 6, 2000
CERTIFIED FOR PARTIAL PUBLICATION
Defendant Club Car, Inc. (CCI), a manufacturer of electric golf carts, appeals from a products liability judgment entered against it following a bifurcated trial on liability and damages. This action arises out of an accident involving a CCI golf cart whose parking brake allegedly spontaneously released, causing plaintiff David Mendoza (Mendoza) to suffer serious injuries, including a broken neck. Judge Peter E. Riddle presided over the liability phase and Judge Thomas O. Lavoy over the damages phase of the trial. This appeal is taken solely from the portion of the judgment finding CCI liable.
CCI's appeal is based on four contentions related to the liability phase of the trial. First, the court erred in finding an inconsistency in the special verdict, instructing the jury on that issue, and directing the jury to deliberate further to clear up the inconsistency. Second, the court erred by not granting CCI's motion for new trial on the grounds of juror misconduct based on the fact an alternate juror was seated during deliberations and the verdict was rendered 49 minutes later. Third, the court erred by failing to instruct the jury to disregard all testimony and documents relating to other problems with golf cart brakes that had previously been withdrawn from evidence. Last, CCI contends insufficient evidence exists to find a design defect in the golf cart or that the defect caused Mendoza's injuries.
Mendoza and his wife, Delores, also appeal from the judgment, contending that if the judgment is reversed and a new trial ordered, certain evidentiary rulings should be reversed. Specifically, Mendoza contends the court erred in refusing to admit documents relating to other alleged brake failures on CCI golf carts, and evidence of tests by Mendoza's expert, Reuben Volmer (Volmer), on a CCI golf cart.
Rejecting CCI's contentions, we affirm the judgment. The Mendozas' appeal is thus moot.
FACTUAL AND PROCEDURAL BACKGROUND
A. The Incident
At the time of the accident in December 1995, Mendoza was 50 years old and a district manager for Kragen Auto Company. On that date he and three acquaintances were playing golf at Steele Canyon. The foursome rented two CCI-manufactured electric golf carts. The subject cart, labeled cart No. 112, was part of a leased fleet of CCI carts delivered to Steele Canyon in February 1995.
Mendoza rode in a CCI golf cart along with one other member of the foursome. Mendoza knew he was responsible for any damage to the cart. Steele Canyon had a policy of charging customers who negligently caused damage to its golf carts.
Mendoza's injury occurred on the canyon course, a nine-hole course with steep, hilly terrain. Shortly before the accident, Mendoza parked the cart on the dirt cart path adjacent to a hillside at the bottom of which is a dry creek bed. Mendoza "pushed hard" on the parking brake pedal, locking it in the down position. The cart path where the cart was parked sloped steeply enough that the cart would have immediately commenced rolling if the parking brake had not been engaged.
Mendoza exited the cart to help his golfing partner O'Hara look for his ball. The cart was stationary when he got out. As they were sitting in their cart, the two other members of the foursome, John and Bill Watkins, observed Mendoza's cart parked and stationary after he exited.
John and Bill Watkins are experienced golfers. Their family had owned a CCI golf cart, and the Watkins brothers had rented golf carts on numerous prior occasions. They were familiar with the sound made by a released
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