Confidential
Settlement – $200,000Court
Contra Costa Superior
Attorneys
Plaintiff
Defendant
Wayne M. Collins
(Toschi Sidran Collins & Doyle)
Facts
In April 2003, Jason Fedele began work at Diablo Glass in Concord. He had to clean out the work trucks and prepare them for the day's jobs. Fedele cleaned out the bed of a Toyota pickup truck that was parked approximately 58 feet from the entrance of Diablo in the gravel alleyway next to the building. Meanwhile, Gary Sandoval was driving to work at Diablo. He pulled into the Diablo driveway from Concord Boulevard. There, he stopped his truck with the rear of the truck's bed overhanging the sidewalk. According to Fedele, Sandoval then revved the engine and "floored it" right at him. Sandoval accelerated approximately 43 feet down the gravel alleyway before he applied the brakes. The truck skidded 15 feet in the alleyway. It hit, trapped and crushed Fedele against the truck he was working on. Sandoval then reversed his truck, freeing Fedele.
Settlement Discussions
On the eve of trial, the parties agreed that Fedele could amend his complaint to allege that, although his employer and co-worker Sandoval was in the course of employment at the time of the incident, he was not acting in the scope of employment. Thus, Fedele avoided the exclusive remedy of workers' compensation. He was also able to allege mere negligence, not an intentional act by his employer, which triggered coverage under Diablo's insurance policy. The case was settled without personal exposure to Sandoval.
Damages
Fedele sought past medical expenses for ($30,000 and past wage loss for $27,000. The defense asserted that Fedele's future wage loss was insignificant.
Injuries
Fedele was seen at Mt. Diablo Hospital for a crush injury to both lower extremities. His right leg was fractured and he had a torn ACL in his left knee. He asserted that he might need further knee surgery. He also complained of depression and post-traumatic stress disorder resulting from the incident, which the defense disputed.
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390