Facts

On July 10, 2007, at 6:45 p.m., plaintiffs Lopez family, consisting of father, mother, two teenage boys, and a minor child, were jogging on the shoulder of Patterson Pass Road in Alameda County, when a 2002 Ford F450 truck driven by uninsured driver, Luis Quezada, 19, lost control at a curve 1.1 miles west of Midway Road and shot across the road onto the opposite shoulder. The truck struck Socorro Lopez, 34, resulting in her death. The speed of the truck was over 65 mph and a combination of high speed on the substandard road caused the loss of control and death.

PLAINTIFF'S CONTENTIONS:
As to the County of Alameda, plaintiffs contended that Patterson Pass Road was in a dangerous condition because of inadequate width, narrow 1½-foot paved shoulder, the difference of ½-foot elevation from the paved shoulder to the loose gravel shoulder, no recovery area, no centerline, and failure to provide advance warning of the curve with a speed reduction for the curve. These conditions constituted a concealed trap. The truck entered the curve at a high rate of speed and the right wheels went into the gravel next to the pavement. The difference in elevation required the driver to sharply turn the wheels to the left which caused the truck to go out of control, cross the road and hit the decedent. There were a high number of accidents on Patterson Pass Road and the accident rate was substantially greater than the statewide average. The volume of traffic dramatically increased from 700 vehicles per day to 3,600 vehicles per day, yet no road improvements were made. Over half of the drivers using the road exceeded the 55 mph speed limit.

As to Luis Quezada, plaintiffs contended that he was speeding recklessly in a large truck that could not stay in the narrow road. Quezada was an employee of Pacific Surfacing Inc., but he had not punched in to work that day. He drove the uninsured truck belonging to his father to pick up and deliver supplies at the request of his father who was the foreman for Pacific. Plaintiffs contended that Quezada was on his way home from running errands for Pacific and the incidental benefit exception and the special errand exception to the "going and coming" rules as stated in the Jeewarat v. Warner Brothers case applied under the facts of this case. Plaintiffs claimed that Quezada had been called to work for Pacific from his home by his father and therefore was on a special errand and was in the course and scope of his employment on his trip back to home at the end of the day.

DEFENDANT'S CONTENTIONS:
Pacific and the Quezadas contended that Luis Quezada was not working that day for the company, but was working on an outside job for his father and that the going and coming rule prevented any coverage by the company insurance policy.

The county contended that there had been only one other accident on the curve where the accident occurred; that the road was essentially a farm to market road since 1855 and was not designed or engineered to contemporary roadway standards. The county had provided traffic warning signs warning motorists to drive slowly. The accident was completely the fault of Quezada who was driving recklessly at speeds over 75 mph when he lost control of his truck.

Defendants Luis and David Quezada contend that Patterson Pass Road was in a dangerous condition because of inadequate width, narrow 1 1/2 foot gravel shoulder, no recovery area, no centerline, and because it failed to provide advance warning of the curve with a speed reduction for the curve. These conditions allegedly created a concealed trap.

Defendants Luis and Quezada further contend that Luis was not driving recklessly, and that he was driving at a speed significantly less than 75mph when he lost control of his truck.

Settlement Discussions

Plaintiffs demanded $5 million. Defendants made no offer at mediation.

Damages

$7,933 (funeral expenses); $814,855 (economic)

Result

The case settled for $2,650,000 shortly before trial.

Other Information

MEDIATOR: Jerry Spolter, JAMS, San Francisco. INSURER: CNA insured Pacific Surfacing Inc. County of Alameda is self-insured.