Facts

This case arises from a Nov. 11, 2004 traffic collision on the I-210 freeway in Pasadena. Plaintiff Carol Wheeler, age 59, was driving her 2004 Chrysler Sebring LX westbound in the number five lane, with George Wheeler, age 79, and Norma Guethe, age 74, as passengers.

Defendant Benjamin Gamino, driving a 1989 Peterbilt truck hauling a 1998 Run Trailer westbound in the number four lane, changed lanes to the right, striking Carol Wheeler's Sebring and causing a loss of control. As the Sebring spun out of control, Patrick Neelans, driving a 2002 Mitsubishi Montero, crashed head-on into the Sebring.

CONTENTIONS:
Plaintiff contended that defendant was in violation of Vehicle Code section 21658, subdivision (a).

Injuries

George Wheeler was hospitalized at Huntington Memorial Hospital for nearly two months for the following initial injuries: cardiac contusion, duodenal rupture resulting in peritonitis and septic shock requiring multiple surgeries and long-term IV antibiotic therapy, respiratory failure requiring tracheostomy and ventilator support, comatose for several weeks, circulatory problems resulting in axillary-femoral bypass graft surgery, decubitis ulcers, buttocks and heels, left foot drop due to neurologic deficit, slow healing abdominal wound requiring wound-clinic care, for four months after hospital discharge, total loss of sense of smell, acute severe weight loss and muscle wasting. Norma Guethe was hospitalized at Huntington Memorial Hospital for over a week with painful rib fractures. Carol Wheeler was hospitalized at Huntington Memorial Hospital, then moved to Kaiser Hospital, for open reduction internal fixation of right tibia and fibula shaft fractures. Patrick Neelans suffered a torn rotator cuff for which he underwent corrective surgery approximately 16 months after the traffic collision.

Result

At the Aug. 24, 2006 mediation hearing before the Honorable Russel Bostrum, Judge of the Superior Court, Retired, defendants' insurance companies agreed to pay their combined policy limits of $2 million, as follows: To George Wheeler, Norma Guethe, Carol Wheeler, $1.85 million; to Patrick Neelans, $150,000.