Facts

Sergio Jolon and Rosilma Jimenez sued Wildwood Express Inc., Harold Augustine, Van-G Trucking Inc. doing business as Van-G Logistics Inc., and Van-G Leasing Inc. Plaintiffs later added the California Dept. of Transportation as a defendant.

Wildwood filed a cross-complaint against Van-G and Caltrans.

PLAINTIFFS' CONTENTIONS:
Plaintiffs alleged that on Dec. 6, 2011, Jolon was operating a motorcycle negotiating the connecting ramp from I-5 freeway to the I-10 when he encountered large rolls of paper blocking the freeway. Jolon alleged that Augustine, while operating a tractor-trailer, overturned and dumped large rolls of brown paper on to the freeway. Jolon attempted to avoid the rolls, but was unable to maneuver around the large rolls of brown paper that were blocking his path. Consequently, his motorcycle overturned, and he was ejected. He claimed he suffered serious injuries as a result, and sued Augustine and his employer, Wildwood, alleging negligence. Jolon's wife, Jimenez, sought damages for loss of consortium.

Plaintiffs alleged that Caltrans was also liable for the accident because the freeway curve was poorly lit, which made it difficult for Jolon to see and avoid the traffic hazard.

DEFENDANTS' CONTENTIONS:
Wildwood denied plaintiffs' allegations, and asserted various affirmative defenses. Meanwhile, Wildwood contended that Van-G should be liable for the accident because Van-G had negligently loaded the rolls, causing it to slip off of Augustine's tractor-trailer.

Van-G blamed the accident on Wildwood's driver, Augustine. Caltrans likewise blamed the accident on Augustine.

Damages

Jolon requested $292,515 in past medical expenses, between $74,003 and $148,331 in past lost earnings, $4,757,079 in future medical costs, $426,033 in future lost earnings, and several millions for past and future pain and suffering.

Injuries

Jolon claimed he suffered great mental, physical pain and suffering, including multiple fractures, damages to his nerve, and brain injury that was considered traumatic.

Result

Van-G settled the dispute for $5 million on Feb. 27, 2014. The night before trial, Caltrans settled for $2.1 million and Wildwood for $1 million.

Other Information

FILING DATE: March 1, 2012.