Confidential

Facts

Plaintiff Ngoc Nguyen, 40, was sent by his employer, Computer Services Company, to fix a street sign on Jeffrey Road in Irvine, at the request of cross-defendant Steiny & Company Inc. The plaintiff drove a bucket truck to the intersection of Jeffrey and Trabuco Grove at about 3 p.m. The plaintiff parked his bucket truck on the shoulder of Jeffrey and positioned the bucket over the number three northbound lane. As he was working in the bucket, defendant Antonio Razo was driving a tractor trailer owned by his employer, defendant El Modena Gardens, down Jeffrey. Razo failed to see the bucket and the top of his tractor trailer hit the bottom of the bucket. The plaintiff was ejected and fell about 15 feet onto the pavement.

PLAINTIFF CONTENTIONS:
The plaintiff contended that there were cones in the roadway, blocking off the number three lane and that Razo should have seen the cones and the bucket. DEFENDANTS

The plaintiff contended that there were cones in the roadway, blocking off the number three lane and that Razo should have seen the cones and the bucket. DEFENDANTS CONTENTIONS:
The defendants contended that the number three lane was not coned-off, or otherwise blocked. They also alleged that there were no warning signs anywhere in the vicinity of the bucket. The defendants also claimed that the plaintiff was negligent for not blocking off the number three lane and also claimed that the plaintiff was negligent because he did not have on a safety harness, which could have prevented him from being ejected out of the bucket. The plaintiff responded by arguing that his head and brain injuries were a result of being hit by the tractor trailer and not by his fall and, thus, the presence of a safety harness, would not have prevented his injuries.

Settlement Discussions

At the first mediation, the plaintiff demanded $21 million (policy limits). The defendants offered $1.75 million, which the plaintiff rejected.

Specials in Evidence

$1.8 million $34,000 between $1,098,230 and $1,303,381 (plaintiff was making $22.30/hour at the time of his accident); Past and Future loss of Household Services, approximately $245,000 $2,295,000

Damages

At the time of the accident, the plaintiff was earning $22.30 per hour. He claimed past and future loss of earnings of between $1,098,230 and $1,303,381.

Injuries

The plaintiff sustained a severe traumatic brain injury with residual cognitive deficits, post-traumatic head syndrome, dementia, adjustment disorder, and other problems. He was in a coma for 22 days. The plaintiff also suffered severe impairments to his memory and learning skills as well as from psychological injuries. He fractured his face, skull, ribs, and cervical vertebrae. He developed chronic spasticity of his lower limbs and underwent surgery to release contractures. He continues to undergo extensive rehabilitation. The plaintiff contended that he is permanently disabled, will never work again, may require life-time placement in a long term traumatic head injury program, or may require 24-hour nursing care. Defendants El Modena Gardens and Razo did not deny the severity of the plaintiff's injuries.

Result

The plaintiff settled with El Modena Gardens and Razo for $8 million at a mediation before Troy Roe of Judicate West. The settlement called for $4 million to be paid up front in cash. A structured settlement of $4 million (monthly payments as well as five different lump sum payments) will be paid during the plaintiff's lifetime. The plaintiff-in-intervention, the workers' compensation insurance carrier, claimed a lien of roughly $1.8 million at the time of the mediation settlement. As part of the negotiated settlement, the intervener agreed to waive its lien in its entirety in exchange for the right to claim a credit against the plaintiff's settlement, which effectively cuts off its responsibilty to provide workers' compensation benefits to the plaintiff in the future. Cross-defendants Steiny and Company and Hillcrest Contracting Inc. were not parties to the settlement.

Other Information

El Modeno and Razo continue to pursue their cross-complaints against Hillcrest Contracting and Steiny and Co. Each declined to respond to a $500,000 demand.