Facts

Plaintiff Laurel Mangel, then 29, was crossing the street in a marked crosswalk in Covelo and was struck by a vehicle driven by Glenn Bossom, a volunteer fire fighter for the Covelo Volunteer Fire Department. Plaintiff sued various defendants including Bossom, the California Department of Transportation and the Covelo Volunteer Fire Department.

Bossom had no insurance at the time of the accident and defaulted in the action. Respondeat superior liability was contested.

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that Bossom was in the course and scope of employment at the time of the accident. Plaintiff also contended that Bossom was driving to the department to engage in "post prep" work after a call.

Plaintiff was able to obtain evidence demonstrating that William Baker, chief of the department had told several individuals that Bossom was in fact working for the department when he struck plaintiff.

DEFENDANT'S CONTENTIONS:
Bossom testified that he was on his own personal business at the time of the accident and was not working for the department. Defendants claimed Bossom was driving his own personal vehicle and was not being paid by the department when the accident occurred. Defendants claimed that the use of personal vehicles was not authorized for department work.

Chief Baker testified that Bossom was not working for the department at the time of the accident and that he had not worked at any time on the day of the accident, his testimony was corroborated by other current department personnel's testimony.

Settlement Discussions

There was no offer made at the settlement conference and no mediation was held.

Injuries

Plaintiff suffered traumatic brain injury and right side injury.

Result

The case settled for $2,075,000 as follows: $2 million policy limits from the Covelo Volunteer Fire Department, and $75,000 from the California Department of Transportation.

Other Information

FILING DATE: July 8, 2011.