Facts

The plaintiffs are the wife and adult child of a bicyclist, Stanislov Ionova, 47, who was killed in Malibu while riding by a construction zone on Pacific Coast Highway on Sept. 10, 2005 at 10:05 a.m. A food service truck driven by an inattentive driver ran them down from behind. The area where these cyclists were killed, a State Bike Route commonly used by cyclists, was alleged to be an accident waiting to happen. The shoulder in which cyclists routinely rode, was closed by the general contractor and Caltrans and signs were posted along the roadway before the construction zone advising that the shoulder was closed and the area was a construction zone. Bicyclists were thereby funneled into a narrow (11 feet wide) lane of vehicular travel with no shoulder to be used as an escape route. This dangerous condition was known by the state of California and managerial personnel responsible for construction at the job site. Despite concerns that cyclists might be at risk, they left the hazard to exist until this accident occurred.

Two cyclists were killed in this accident. Defendants alleged that they were negligent in their riding as they failed to heed warning signs and made a sharp left turn into the number one lane of travel before being hit by the truck. The general contractor on the project argued that numerous subcontractors were contractually liable under various indemnity agreements but this was disputed by every subcontractor.

Result

At the mediation before Troy Roe, a settlement was entered into whereby the insurance policy limits of $5 million applicable to the accident food catering truck (insurance had been disputed) and the lessor of the truck were tendered. Another cyclist was killed in this incident, and it was agreed $3,750,000 would go to the Ionova family, and $1,250,000 to the family of the other cyclist as long as they dismissed all claims against the remaining defendants. At the mediation before Michael Marcus, his proposal that all remaining defendants pay $800,000 to the Ionova family was accepted by all remaining parties. Apportionment of this settlement is $200,000 from the state of California. Matt Construction Corporation and Malibu Jewish Center (jointly and severally) will pay in full settlement of all claims for $200,000. Myers & Sons Hi-way Safety Inc. will pay in full settlement of all claims for $350,000. Rey-Con Construction Inc. and Reyes Masonry Inc. (jointly) will pay in full settlement of all claims for $16,667. Leko Construction Inc. will pay in full settlement in all claims for $16,667. Kana Pipeline Inc. will pay full settlement of all claims for $16,667. B.F. Steel, Inc. was dismissed for a waiver of defense costs after it filed a motion for summary judgment as to the cross-complaint of Matt Construction Corp. and Malibu Jewish Center & Synagogue. The court granted the motion for summary judgment in favor of Valley Crest as to Matt Construction. Following the settlement, the Malibu Jewish Center and Synagogue and valley Crest agreed to a mutual dismissal for waiver of costs.

Other Information

The first mediation in November 2007 was before Troy D. Roe. The second mediation in April 2008 was before Michael Marcus.