Johnson v. Espinoza and Crunk

Espinoza and Crunk, both of whom were State corrections officers, were en route late at night to Laughlin, Nevada, on a gambling trip. The van they were in overheated and they stopped in the I-10 emergency lane. Defendant Espinoza, a private security guard, passed their vehicle, pulled over some distance down the freeway and backed his vehicle at a rate of 27 to 30 m.p.h. in the direction of the stranded motorists. When the Defendant was approximately 60 feet away he braked, causing his vehicle to slide and rotate, kicking up dirt and gravel in the direction of Mr. Johnson and Mr. Crunk. Although the Defendant was able to stop his vehicle 13 feet from where Mr. Johnson had been standing, Mr. Johnson fled from in front of the van onto the freeway and was struck and killed by a passing vehicle.