Facts

On Dec. 16, 2008, plaintiffs Rodolfo and Amanda Gonzalez were driving northbound on the Washington Street on ramp to Interstate 280 in Daly City. The traffic slowed and their vehicle was rear-ended by a vehicle driven by defendant Alan Torneros.

Following the accident, neither vehicle was moved and the drivers got out of their respective vehicles to exchange information. After five minutes, Amanda Gonzalez exited the vehicle and was standing between the bumpers inspecting the minor damage when a vehicle driven by defendant Gina Witt struck the right rear bumper of the Torneros vehicle propelling it forward. Amanda Gonzalez sustained a fractured femur. The leg injury worsened with a serious staph infection that led to a lengthy hospitalization.

Rodolfo Gonzalez witnessed his wife's injury. Three weeks following the accident, he was hospitalized for congestive heart failure.

PLAINTIFF'S CONTENTIONS:
Plaintiffs contended that Rodolfo Gonzalez' hospitalization was related to the stress of watching his wife's injury, fearing for her health both at the accident and in the weeks that followed. Plaintiffs also contended that Torneros was negligent for not moving his vehicle following the accident or placing flares and that, had he done so, the second collision would not have occurred.

Plaintiffs further contended that Witt was negligent and that Amanda Gonzalez was not comparatively at fault.

DEFENDANT'S CONTENTIONS:
Torneros denied that his negligence in causing the first accident was the proximate cause of any injuries. Further, he contended that he was not negligent in causing or contributing to the cause of the second collision.

Witt denied that Rodolfo Gonzalez' injuries and hospitalization were caused by the accident.

Result

The case settled for a total of $370,000 at the mandatory settlement conference following mediation with Michael Ornstil of JAMS ($250,000 for Amanda Gonzalez and $120,000 for Rodolfo Gonzalez). Witt paid $170,000 ($100,000 to Amanda Gonzalez and $70,000 to Rodolfo Gonzalez). Torneros paid $200,000 ($150,000 to Amanda Gonzalez and $50,000 to Rodolfo Gonzalez).

Other Information

FILING DATE: April 24, 2009.