Facts

On Sunday, Oct. 29, 2006, sisters Selina Gallo and Amanda Gallo were passengers in an automobile traveling eastbound on Highway 580 in Oakland, driven by Richard Schiavo. Paul Piedra, driving a truck owned by RMT Landscape Contractors, a company owned by Rick DeHerrera, drove across several lanes of traffic to pick up a railing that had fallen off his truck. The automobile driven by Schiavo collided with Piedra's truck, killing Schiavo and causing injuries to the Gallo sisters.

PLAINTIFF'S CONTENTIONS:
Plaintiffs contend that Piedra made an unsafe lane change and was cited for violating Vehicle Code sec. 21658(a). Plaintiffs also contend that RMT Landscape, Piedra's employer and owner of the truck, was liable for his actions; and that DeHerrera is the alter ego of RMT Landscape.

DEFENDANTS' CONTENTIONS:
Defendants contend that Piedra was not driving within the course and scope of his employment as he was taking his nephew on a fishing trip when the accident occurred.

Result

The case settled for $2,787,500. The total insurance proceeds were $3 million. DeHerrera contributed an additional $100,000. Payments to other plaintiffs amounted to $312,500.

Other Information

FILING DATE: May 24, 2007.