Facts

On June 10, 2011, plaintiff Lilian Weinberg, an 89-year-old retiree, had just exited her friend's car and was walking in the parking lot of a small strip mall at Coldwater and Magnolia Boulevard in Sherman Oaks. Defendant Raul Garcia, driving a 1997 Toyota owned by his employer, Irma Gonzalez, while in the course and scope of his employment with Tony's Mexican Grill, backed out of a parking space, knocking plaintiff to the pavement.

PLAINTIFF'S CONTENTIONS:
Plaintiff alleged that Garcia was negligent in the operation of his vehicle and that all of plaintiff's claimed injuries were a direct result of said negligence. Plaintiff claimed that Garcia was in the course and scope with Tony's Mexican Grill at the time of the collision.

DEFENDANT'S CONTENTIONS:
Defendants disputed liability, and claimed that plaintiff negligently "hopped" out of her vehicle not paying attention and walked directly behind defendant's vehicle while it was already in motion.

Specials in Evidence

$69,702

Injuries

Plaintiff sustained fractured left humerus, left shoulder, cervical and lumbar strain and sprain injuries. Plaintiff was hospitalized for five days and released. No surgery was required.

Result

Plaintiff demanded $15,000 (policy limits) from Garcia and $100,000 (policy limits) from Gonzalez, which were both tendered. Plaintiff settled with Tony's Mexican Grill for an additional $250,000 making a total settlement of $370,000.

Other Information

INSURER: Farmers Insurance for Tony's Mexican Grill. Access General for Raul Gonzalez.