Facts

On Sept. 23, 2009, at 6:06 a.m., plaintiff Rosalinda Basilio Munoz, while driving a 2003 Mercedes ML 320, was traveling northbound in the number two lane of US 101 south of El Sueno Road in Santa Barbara.

In this area, US 101 is compromised of three lanes of travel in each direction, separated by a concrete wall measuring approximately three-feet tall. To the east, there is a nine-foot, six-inch paved right shoulder, a raised asphalt curb, and a wood/metal guardrail.

Defendant Mark Selander, an Insulin dependent Type I diabetic, driving a 2007 white Chevrolet Silverado, owned by defendant Verizon California Inc., in the course of his employment with Verizon, entered the US 101 from the Winchester Canyon Road off-ramp, heading in the wrong direction, due to having gone into diabetic shock.

Selander began traveling in a southerly direction, on the northbound side, in the number one lane and actually traveled approximately 7.5 miles to just south of the El Suerno Road on/off ramps where the accident occurred. During this time, Selander was traveling at speeds averaging 65 to 70 mph using primarily the number one lane and the center divider.

At this point, Selander struck several vehicles and the concrete divider resulting in a six-vehicle collision.

As it pertains to Munoz, Defendants' vehicle ricocheted into the number two lane, directly in front of Munoz, giving her no opportunity to take evasive action and causing the right-rear wheel of Defendants' vehicle to strike the right-front of Munoz's vehicle. This first impact caused a chain of impacts for Munoz. After the first impact, the rear of Defendants' vehicle climbed the front of Munoz's vehicle causing it to become airborne. The second impact caused Munoz's vehicle to strike the metal guardrail, which then caused Munoz's vehicle to roll backwards until it came to rest facing south in the number three lane.

PLAINTIFF'S CONTENTIONS:
Plaintiff claimed that the accident was caused by Selander's per se negligence in violation of California Vehicle Code section 21651(b). Plaintiff also claimed that Verizon was negligent in failing to supervise and in hiring Selander.

Injuries

Following the collision, at the accident scene, Plaintiff complained of neck pain, back pain, right-side flank pain, right-quadrant pain, right-hip pain, and right-leg pain. Paramedics transported plaintiff to Santa Barbara Cottage Hospital. Munoz suffered the following injuries: post-concussion syndrome, cervical neuralgia, lumbar radiculopathy, tinnitus (unspecified), sleep disturbance, headache, memory loss, dizziness, blurry vision, nausea, anxiety, fatigue, nervousness/tension, insomnia/depression, abdominal sprain/strain, intestinal disorder; both-shoulder sprain/strain, both-elbow sprain/strain, both-wrist sprain/strain, both-knee sprain/strain, left-foot sprain/strain, cervical myofascitis, thoracic myofascitis, lumbar myofascitis, cervical sprain/strain, thoracic sprain/strain, and lumbar sprain/strain.

Result

The parties settled for $1,750,000.

Other Information

FILING DATE: June 2, 2011.