Newborn v. City of L.A. CA2/7

── Newborn v. City of L.A. CA2/7 ── Court: California Court of Appeal Date: April 24, 2026 Category: General Filed 4/24/26 Newborn v. City of L.A. CA2/7 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION SEVEN LAJUNE SHANNEL NEWBORN, B335443 Plaintiff and Appellant, (Los Angeles County Super. Ct. No. 19STCV42704) v. CITY OF LOS ANGELES, Defendant and Appellant. APPEAL from a judgment of the Superior Court of Los Angeles County, Graciela Freixes, Judge. Reversed, with directions. Law Office of Herb Fox, Herb Fox; Levin & Nalbandyan and Harry Nalbandyan for Plaintiff and Appellant. Hydee Feldstein Soto, City Attorney, Denise C. Mills, Chief Deputy City Attorney, Kathleen A. Kenealy, Chief Assistant City Attorney, Shaun Dabby Jacobs, Assistant City Attorney, and Sara Ugaz, Deputy City Attorney, for Defendant and Appellant. ________________________  INTRODUCTION LaJune Newborn appeals from a judgment notwithstanding the verdict (JNOV) entered in favor of the City of Los Angeles (City). Newborn was seriously injured when a uniformed police officer riding a Los Angeles Police Department (LAPD) motorcycle sped in front of her vehicle as she was driving on the freeway and kicked up a large metal object that broke through her windshield and struck her in the head. A jury found in favor of Newborn in a special verdict and awarded her $2.5 million in damages. Newborn challenges the trial court’s order granting the City’s motion for JNOV. The City filed a protective cross-appeal from the denial of its motion for new trial. We reverse the judgment entered in favor of the City and direct the court to enter an order denying JNOV and the request for a new trial and to reinstate judgment in favor of Newborn. FACTUAL AND PROCEDURAL BACKGROUND A. The Accident On December 19, 2018, Newborn was driving toward Santa Clarita in the carpool lane of the 14 freeway at approximately 2:40 p.m. when a uniformed officer riding a police motorcycle passed in front of her vehicle from the right and merged into her lane.1 The motorcycle kicked up metal debris, which broke through Newborn’s windshield and struck her in the 1 Solo drivers were allowed to occupy the carpool lane before 3 p.m. 2 head. Newborn lost consciousness. Her car first collided with the center divider and then hit the right shoulder. The car came to rest across the lanes on her side of the freeway. Newborn was bleeding profusely from her head and was transported to the hospital. The motorcyclist, apparently unaware of the accident, rode away. The personal identity of the motorcyclist is unknown. LAPD Officer Joseph Barr was riding his LAPD motorcycle behind Newborn. He witnessed the accident, stopped to render aid, and provided a statement to California Highway Patrol Officer Korey Reynolds at the scene. Officer Reynolds noted in his accident report that Officer Barr identified the motorcyclist who kicked up the debris as an LAPD officer. The debris was found in Newborn’s car and identified as a leaf spring from a commercial truck. It weighed five to six pounds and was nine and one-half inches long, two and one-half inches wide, and less than an inch thick. B. Trial Proceedings Newborn filed a personal injury lawsuit against the City, the State of California, the County of Los Angeles, and the City of Santa Clarita. Newborn alleged t