Facts

On June 30, 2003, plaintiff Teri Elmore was operating her Caltrans vehicle off the shoulder on the 15 freeway, heading northbound near the Aflon Road exit in Barstow. She proceeded into the number one lane to assist another Caltrans vehicle to get to the coned off area in the construction zone. Just as the plaintiff made it to the coned off area, defendant Shawn Tryfonas, an employee of Karl S. Robinson Trucking Co., rear-ended the plaintiff's vehicle. Liability for the subject accident was admitted.

PLAINTIFF'S CONTENTIONS:
The plaintiff contended that the defendant violated California Vehicle Code sections 22350 and 21703 for following too closely and traveling at an unsafe speed for conditions. At trial, the plaintiff intended to ask for a special jury instruction pursuant to 49 C.F.R. section 14, which requires the driver of a commercial vehicle to use extreme caution and to reduce speed when hazardous conditions exist.

DEFENDANT'S CONTENTIONS:
The defendant contended that plaintiff was negligent for entering the number one lane before determining it was safe to enter.

Specials in Evidence

$98,000; $500,000

Damages

Plaintiff claimed $125,000 in workers' compensation disability benefits.

Injuries

The plaintiff claimed she suffered thoracic outlet syndrome, shoulder impingement and cervical disc injuries. As of the time of the settlement conference, the plaintiff underwent a first rib resection and shoulder decompression.

Result

The case settled for $525,000.

Other Information

The parties had a previous mediation with Michael Moorhead, Esq. The plaintiff's counsel resolved the SCIF lien prior to the mandatory settlement conference and kept plaintiff's future medicals open with State Workers' Compensation Fund.