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Bashi v. Wodarz5/23/1996
ARDAIZ, P. J.
Defendant and respondent, Margie Marie Wodarz, was involved in a rear-end auto accident with a third party. According to the traffic collision report, respondent left the scene without stopping. A short time later, respondent was involved in a second automobile accident with the plaintiffs and appellants, Mubarak Bashi and Nasim Akhtar.
Respondent has little recollection of either event occurring. According to the traffic report, respondent engaged in some "bizarre" behavior before and after the collision with appellants. Under the heading of "Statement of Witnesses and Remarks" the traffic report contains the following remarks with respect to respondent's statement: ". . . Somewhere, shortly after making the turn, she stated, 'I wigged out.' She stated that all she could remember was ramming into the back of someone's vehicle and then continuing east. She had no control of her actions at that time and then she remembered being involved in a second collision at an unknown location on White Lane. She also stated, 'My family has a history of mental problems and I guess I just freaked out.' "
Appellants filed a complaint for negligence. At nonbinding arbitration, appellants' claims were denied. The arbitrator made the following comments in support of his decision:
"Although a rear-end collision was involved whereby the Plaintiffs' vehicle was struck by Defendant's vehicle, Defendant produced unrebutted medical expert evidence (Declaration of Terry Lanes, M.D.) indicating the accident was unavoidable due to the Defendant's 'Sudden, unanticipated onset of mental illness' shortly before the impact.
"This evidence was also supported by the traffic accident report setting forth the actions and comments by the Defendant driver, Margie Marie Wodarz, immediately prior to and subsequent to the subject accident indicating uncontrollable mental illness of which the Defendant has no prior warning.
"Accordingly, under such circumstances, the Plaintiffs' claim is denied."
Appellants timely filed a request for trial de novo. Appellants' subsequent motion to reopen discovery, supported by counsel's declaration that the defense of a sudden onset of mental illness was "a complete surprise," was denied.
Thereafter, respondent filed a motion for summary judgment pursuant to Code of Civil Procedure section 437c, arguing that due to the sudden, unanticipated mental disorder, respondent was not negligent as a matter of law and that no triable issue of material fact existed with respect to the issue that respondent was afflicted by the unforeseen onset of the mental disorder. Respondent's motion was granted. Appellants filed a timely notice of appeal from the judgment of dismissal.
Discussion
A. Standard of Review
On appeal from a summary judgment, ". . . it is the task of the reviewing court to determine whether the moving party has established facts which negate the opponent's claims and whether a triable issue of material fact has been shown." ( Saldana v. Globe-Weis Systems Co. (1991) 233 Cal. App. 3d 1505, 1515 [285 Cal. Rptr. 385].)
When summary judgment is granted in favor of the defendant, the defendant must either establish an affirmative defense to the cause of action or disprove at least one essential element of the cause of action. (Code Civ. Proc., ยง 437c, subd. (n).)
This court recently summarized the standard of review as follows:
"Summary judgment is proper if the supporting papers are sufficient to sustain a judgment in favor of the moving party as a matter of law and the opposing party presents no evidence giving ri
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