Facts

On Dec. 28, 2008, a vehicle operated by Sophie Belknap collided with a sound wall on the freeway, and ended up obstructing portions of the number two and three lanes of the freeway. A vehicle driven by Nassima Obaidid crashed into Belknap's vehicle, hitting Belknap's driver side door. As a result, Belknap died.

Obaidi sued Belknap's estate.

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that she had a different viewpoint than the witness motorist who was able to avoid a collision and was operating under very different circumstances because plaintiff's vehicle was behind the witness's vehicle. Plaintiff also claimed that the "imminent peril" jury instruction applied.

DEFENDANT'S CONTENTIONS:
Defendant argued that another motorist was able to veer into the number one lane, thus avoiding a crash. Accordingly, defendant claimed that plaintiff was driving at an excessive speed and should have been able to avoid the collision as well.

Damages

Plaintiff claimed $500,000 under Belknap's liability policy and $1 million under her umbrella policy.

Injuries

Plaintiff suffered several broken bones, including a broken femur, humerus, and ribs, a head injury, small intestine injury, lung injury, and diaphragm injury.

Result

The parties settled for $1,500,000.

Other Information

INSURER: California State Automobile Association.