Facts

The action arises from an auto accident between the plaintiffs and defendant Richard Stephens on March 23, 2007 at 11 p.m. in the southbound lanes of Interstate 15 just north of Interstate 60. The collision occurred when Richard Stephens collided into the rear of plaintiffs' vehicle causing serious injuries to plaintiffs.

At the time of the accident, Stephens was returning from a job site near Fresno where he worked a couple of days for his employer Summit Architects. He was returning to his home in north San Diego County, Valley Center when the collision occurred. Stephens drove up to the project on March 21, stayed at a hotel paid for by his employer until the morning of March 23 , dropped off the keys to the job site that morning, took a couple of sightseeing diversions and then was on the road again home when he struck the rear of plaintiff's vehicle at a high rate of speed.

PLAINTIFF'S CONTENTIONS:
Plaintiffs contended that Stephens was in the course in scope of his employment when the collision occurred causing serious injury to members of the Albin family.

DEFENDANT'S CONTENTIONS:
Defendant Summit Architects disputed that Stephens was in the course and scope of his employment because he took several deviations from his route on his way back to San Diego. Defendant also disputed the extent and cause of some of the plaintiff's injury claims.

Settlement Discussions

Plaintiffs demanded $1 million policy limits from Summit Architects and $60,000 from Stephens. Defendants offered $250,000 in addition to Stephens personal policy of $60,000 at a mediation with Tim Corcoran of IVAMS in Redlands in November 2010.

Specials in Evidence

$32,000 (for Rebecca Albin), $82,000 (for Spencer Albin) $300,000 (for Spencer Albin)

Injuries

Rebecca Albin, 41, was working as a Spanish interpreter part-time for a hospital in Oklahoma while raising four minor children with her husband Spencer Albin. As a result of the accident, she sustained a mild traumatic brain injury which developed into severe psychological impediments. Spencer Albin, 45, a practicing pharmacist in Oklahoma, broke his right hand, left knee, and fractured his skull. He also sustained severe scarring to his face as a result of being partailly ejected from the car. Because of the accident and his injuries, he did not return to work. The four minor children sustained relatively minor injuries.

Result

$1,060,000 policy limits

Other Information

FILING DATE: Jan. 16, 2008.