New Trial Because Court Permitted Irrelevant Evidence Of Decedent’s Marijuana Use.

A man was standing near his car after a freeway accident when he was struck and killed by a police car. The trial court concluded evidence of the decedent’s marijuana use was relevant to assess any fault attributable to him in his minor daughter’s wrongful death case. A jury apportioned fault of 14 percent against decedent when it returned a verdict for $550,000. The appellate court reversed and remanded for a new trial because evidence of decedent’s marijuana use was irrelevant. (Hernandez v. County of Los Angeles (Cal. App. Second Dist., Div. 5; June 17, 2014)226 Cal.App.4th 1599, [173 Cal.Rptr.3d 226].)