Facts

A U.C. Berkeley professor was killed on campus on May 17, 2004, when he was walking from his office on the campus and was struck from behind and run over by a large water delivery truck.

The drivers are trained to avoid backing because the design of the truck prevents them from seeing pedestrians walking directly behind. Defendants relied on a back-up alarm to alert pedestrians in the area, however, studies which were available to the defendant, established that back-up beepers are so common, their sounds are often not recognized or ignored by pedestrians.

PLAINTIFF'S CONTENTIONS:
The driver of the vehicle intentionally drove to an area of the campus where he would be required to back-up for a long distance, failed to honk his horn while backing, failed to seek assistance from others in the area to ensure that his path was clear.

DEFENDANT'S CONTENTIONS:
The back-up alarm was working effectively and alerted pedestrians in the area of the presence of the truck and the deceased was simply not paying attention. The driver was directed to the area by a U.C. student at the Information Booth, which directions were incorrect.

Settlement Discussions

According to defendant: Last demand before trial: $2.9 million. Last offer before trial: $1.8 million. Mediator's recommendation: $2.15 million.

Result

Case settled for $1.95 million, the day before final arguments were to be given.

Other Information

The University of California was a complainant-in-intervention, pursuant to both a written indemnity agreement with the defendants, and as a worker's compensation subrogee. The U.C. dismissed its case, in its entirety, and waived a right to attorney's fees and costs pursuant to the contract shortly before trial.