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BARBARENA v. KEYES AUDI

The California Court of Appeals, Second Appellate District affirms the grant of summary judgment that was authored by Partner, Gary S. Yates.

Plaintiffs, Luis and Heather Barbarena, appealed from the granting of a summary judgment and dismissal in favor of Defendant, Keyes Audi, a local Audi dealership.  The lawsuit involved a 2005 Audi A4 which stalled on the Ventura Freeway and was rear-ended by an automobile driven by co-defendant, Matthew Salzberg.  As a result of the collision, Luis Barbarena sustained neck, back and shoulder injuries necessitating a lengthy course of treatment.  Heather Barbarena, who owned the Audi, sued for property damage and loss of consortium.

Plaintiffs contended that the Audi stalled as a result of a defectively and negligently designed fuel system and also asserted a breach of warranty claim. In the summary judgment, Mr. Yates argued that the Barbarenas had failed to furnish any competent evidence to support any of their theories of liability. The Appellate Court affirmed the Honorable Judge Richard Fruin’s granting of the summary judgment in favor of Keyes Audi.   Keyes Audi’s appellate brief was authored by Gary Yates and  Miriam Skolnick and Les Williams of Herzfeld & Rubin PC.