Facts

Mark McAdams, Allison McAdams, Wendy Kennedy and Lena Kennedy sued Mid Valley Plastering Inc., Cen Cal Plastering Inc. and Noel Ruiz Felipe following a three-vehicle collision.

PLAINTIFFS' CONTENTIONS:
California Highway Patrolman Mark McAdams, 47, was parked on the shoulder of California State Route 99 in Madera. He had stopped to respond to a disabled vehicle that was occupied by Wendy Kennedy and her mother Lena Kennedy. McAdams was still in his vehicle when it was struck from behind by a dump truck driven by Noel Felipe who was travelling approximately 55 miles per hour. The impact caused McAdams' vehicle to hit the vehicle occupied by the Kennedys. McAdams and the Kennedys sued Felipe, his employer, and the owner of the dump truck alleging that Felipe negligently operated the vehicle and that his employer and owner of the truck were liable for Felipe's acts.

DEFENDANTS' CONTENTIONS:
Defense argued that Felipe was forced onto the shoulder in order to avoid hitting a vehicle that had braked in front of him and that he could not have known that, there would be vehicles parked on the side of the freeway.

Damages

McAdams claimed he was deemed unfit for duty by his employer and had to retire 18 months after the accident. He claimed $209,588 for past lost wages, $938,000 for future lost wages, and unspecified general damages. His wife claimed loss of consortium.

Injuries

McAdams was transported from the scene by ambulance, where he was treated with approximately 10 staples for a laceration to the back of his head and diagnosed with a closed head injury. He claimed bulges of his T3-4, T7-8 and L3-4 intervertebral discs. He also claimed chronic back pain, cognitive deficits, and post-traumatic stress disorder. Both Wendy and Lena Kennedy claimed injuries to their necks and backs. Wendy claimed she would eventually need surgery on her spine.

Result

Pursuant to a settlement reached between the parties, McAdams received $1,675,000 and the Kennedys collectively received $75,000, for a total amount of $1,750,000.