Hernandez v. First Student, Inc.Annotate this Case
This appeal stemmed from the death of appellants' son after he was struck and killed by a school bus while riding his bicycle. The jury found that the son was 80 percent liable for the accident, and awarded $250,000. Appellants raised numerous claims of error, but they have forfeited almost all of those claims.
The Court of Appeal affirmed and held that appellants failed to meet their duty of making a cognizable argument on appeal as to why the trial court abused its discretion in denying the motion for a new trial and to support their arguments with accurate and relevant record citations. Therefore, appellants have waived any challenge to the denial of their motion for a new trial. Assuming for the sake of argument that appellants intended to raise the claims of error directly on appeal, the court would find almost all those claims forfeited as well, for similar reasons. The court also held that appellants' claims of evidentiary error, jury instructional error, and attorney misconduct were without merit.