Facts

On July 9, 2005, plaintiff Ronald Reed, a 57-year-old Vice President for the Mars Corporation, was driving his motorcycle northbound on MacArthur Boulevard in Irvine. As the plaintiff approached an intersection, another vehicle, driven by defendant Natacha Klay, a tourist from Switzerland, made an unsafe lane change. The plaintiff was unable to stop his motorcycle and the right side of motorcycle collided with the left rear quarter panel of Klay's car. Due to the impact of the accident, the plaintiff was thrown off his motorcycle and into the street. Paramedics were dispatched to the scene and plaintiff was transported to Western Medical Center in Santa Ana.

Defendant Klay was found to be the primary collision factor and found to be in violation of CVC section 21658 (a) unsafe lane change.

PLAINTIFF'S CONTENTIONS:
The plaintiff alleged general negligence on the parts of defendants, The Hertz Corporation, A Delaware Corporation and Natacha Klay, an individual and negligent entrustment as to the Hertz entities.

DEFENDANTS' CONTENTIONS:
The defendants denied liability.

Specials in Evidence

$111,000; $15,000

Injuries

The plaintiff sustained right leg injuries, including a significant knee injury that ultimately required surgical repair and a forehead laceration. Post-operative care included physical therapy, use of an unloader brace for his right knee and a series of injections to decrease the knee pain. Approximately six months post accident, the plaintiff continued to have significant problems with his right knee, including severe arthritis, pain, inability to run, climb, stoop or squat. The plaintiff's orthopedic surgeon, Ralph Venuto of Newport Beach concluded that plaintiff is permanently disabled. Dr. Venuto further opined that plaintiff will have problems with his right knee for the rest of his life and will continue to require Synisc injections and most likely a partial, if not a total, knee replacement within the next 10 years. Also, the plaintiff has a torn ligament behind his right knee that cannot be repaired until a total knee replacement can be performed. To date, the plaintiff remains disabled and was forced to take an earlier than planned retirement.

Result

The case settled for $300,000.

Other Information

Hertz is self-insured. The Hertz Corporation's attorneys along with the other Hertz entities represented defendant Klay. The answer to the complaint was filed on same day the negotiations were finalized with Hertz and the case settled. FILING DATE: June 27, 2007.