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Victor v. Hedges | 91 Cal. Rptr. 2d 466 (1999)

A defendant who violates a statute may automatically be deemed to have breached a duty of care, allowing a plaintiff to allege that the defendant was negligent as a matter of law, or negligent per se. A car illegally parked on a sidewalk became the heart of the negligence per se case in Victor versus Hedges.

Michael Hedges parked his Ford Explorer on the sidewalk so he could show Stephani Victor his new CD player. Traffic on the street had been routed into a single lane to accommodate road construction. Mark Williams was driving his Ford Aerostar van down the street when he looked down to fast-forward his cassette tape. His vehicle drifted into the curb, which blew out the tires on its passenger side. The van continued on its path down the sidewalk and crashed into the back of the Explorer, pinning Victor between the two vehicles.

Victor sued Hedges. She argued that Hedges should be presumed negligent per se because he’d violated a provision of the state vehicle code that prohibited parking on a sidewalk. She also argued that he should be found negligent under the common law because he asked her to stand on the sidewalk near the curb knowing that the street was under construction and the road was bumpy. The trial court dismissed the case. Victor appealed to the California court of appeal.

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