Facts

The plaintiff, William Haden, lost his sister, Jennifer Haden, in a head-on vehicle collision. Jennifer was traveling southbound on highway 29 in Napa when a vehicle driven by William McDonough, traveling northbound, crossed into Jennifer's lane. McDonough settled for policy limits before the complaint was filed.

Defendants Godwin and DeCaro both worked for defendant Propack and were en route to lunch and a job site.

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that McDonough's vehicle was struck from the rear by a vehicle driven by DeCaro. Plaintiff contended that McDonough was forced to slam on his brakes to avoid the vehicle in front of him driven by Godwin. Plaintiff contended that a police expert determined that skid marks found on site belonged to McDonough, which proved that Godwin had slammed on his brakes. The police report had initially incorrectly attributed them. Moreover, plaintiff contended that Godwin slammed on his brakes for no reason, and produced an independent witness who testified to same. Plaintiff contended Godwin and DeCaro had been preventing McDonough from passing for several miles. Once McDonough did pass, plaintiff contended that DeCaro brought his vehicle right up on the rear of McDonough. When Godwin braked, DeCaro rear-ended McDonough, sending him into the oncoming lane where he collided with decedent's vehicle.

DEFENDANT'S CONTENTIONS:
Defendant contended McDonough passed improperly over double yellow lines in a no passing zone and braked after pulling in between DeCaro and Godwin. Defendants agreed that the police report improperly identified skid marks, but that the error did not alter the report's conclusion that McDonough was at fault for the collision with decedent.

Settlement Discussions

Defendants offered $50,000.

Injuries

Death of an adult sister.

Result

Plaintiff's verdict for $4 million, reduced by 25 percent for McDonough's proportionate fault.

Other Information

Motion for new trial was denied without hearing. FILING DATE: May 6, 2009.