Facts

In April 2004, Basilio Rojas and a colleague, plaintiff Miguel Gortari, were passengers in a rented vehicle. Their colleague, plaintiff Frank Sesto, was driving. The three were driving southbound on U.S. Highway 101. Defendant Mahad Yusuf, a truck driver for defendant Smart Transportation, was transferring on to southbound Highway 101. The tractor-trailer driven by defendant Yusuf rolled over and landed on the plaintiffs' vehicle.

Plaintiff Sesto was pinned between the crushed roof and the steering wheel. Rojas and plaintiff Gortari were pinned between the seats and the roof. The three men were trapped for three hours while rescue workers tried to access the vehicle. Rojas was dead by the time the workers cut open the roof of the vehicle. Plaintiffs were taken to the hospital. Defendant Yusuf pleaded no contest to a criminal charge of misdemeanor manslaughter.

PLAINTIFFS' CONTENTIONS:
Plaintiffs claimed that defendant failed to stop at the stop sign at the end of the on ramp. Defendant turned right to merge into the traffic and was driving out of control. Accordingly, plaintiff Sesto tried to brake and swerve out of the way, but the tractor-trailer rolled over and fell on top of their vehicle. Plaintiffs asserted that defendant was going about 20 mph, and that this was too fast for an on ramp that approached the road at almost a ninety-degree angle.

Individually and on behalf of Rojas' estate, Rojas' wife, plaintiff Maria Rojas, and his children, plaintiffs Rafael and Eugenia Rojas, sued defendants and others. They claimed wrongful death damages and alleged negligent operation of a vehicle. Plaintiffs Sesto and Gortari also sued the defendants for their injuries.

DEFENDANTS' CONTENTIONS:
Defendants acknowledged that defendant Yusuf ran the stop sign. However, they asserted that plaintiff Sesto was comparatively at fault because he was driving at 65 mph in a 55-mph zone. He could have avoided the accident if he had not been speeding.

Specials in Evidence

Plaintiff Sesto's medical specials were approximately $36,000, and plaintiff Gortari's were about $34,000. The Rojas family plaintiffs claimed damages for lost income. Their expert economist estimated that Rojas would have earned an income of about $100,000 a year. The economist projected past and future lost earnings of $1.2 to $2.2 million. Defendants challenged the plaintiffs' estimation, arguing that the income damages should be based on the income that Rojas allegedly made at the time of his death, which was $40,000 per year. Plaintiff Gortari's lost earnings was $13,000.

Injuries

Plaintiff Sesto suffered fom soft-tissue injuries to his neck and back. Plaintiff Gortari severed a tendon in his fifth metatarsal in his right hand. Both men sustained cuts and imbedded glass in the face, arms and hands. Further, both men suffered from post-traumatic stress disorder.

Result

The defendant, Iceberg Enterprises Inc., the owner of the tractor-trailer, was dismissed on summary judgment because the accident could not have been caused by any problem or defect of the tractor-trailer. Its insurance carrier then acknowledged that its $1 million primary policy and $10 million excess policy covered defendants Yusuf and Smart Transportation. During plaintiffs' case in chief, the parties settled for $4.5 million. The Rojas family plaintiffs were awarded $4 million. Plaintiffs Sesto and Gortari were awarded $500,000.