Facts

On Feb. 2, 2009, at 3:45 p.m., James M., a 62-year-old retiree and working part time at Honda Center received fatal injuries in a three-vehicle collision. The accident occurred at State Route 22 eastbound, 572 feet east of Harbor Boulevard in Garden Grove. At the time, defendant Arthur Murrieta, the driver responsible for the collision, was returning home from a work project. Murrieta was employed by Horizon Communications Technologies Inc. as a technician installing Internet cable.

A complaint alleging a single cause of action for wrongful death was brought by James M.'s wife and her adult daughter.

PLAINTIFF'S CONTENTIONS:
Plaintiffs contended that Murrieta was the cause of the collision and was within the course and scope of his employment when the collision occurred.

DEFENDANT'S CONTENTIONS:
Defendants contended that Murrieta was not negligent in that he reasonably responded to a third vehicle pulling in front of him, which caused him to lose control and collide with the decedent.

Defendants further contended that the decedent was contributory negligent by failing to stop his motorcycle prior to contact with Murrieta's vehicle when other drivers in the area were able to do so.

Murrieta claimed that he was not within the course and scope of his employment since he was returning home from work at the time.

Result

The case settled for $1,015,000 ($15,000 policy limits against Murrieta; $1 million against Horizon Communications Technologies Inc.)