Facts

On Aug. 2, 2013, plaintiff Juan Altamirano, 50, was riding his Harley Davidson motorcycle and lane splitting in the number one eastbound lane of Interstate 105, while defendant John B. Harrison was driving a Cadillac SRX he had rented from Hertz. Plaintiff's motorcycle collided with the right fender of the Cadillac.

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that defendant was driving in the High Occupancy Vehicle lane, then changed lanes in what plaintiff alleged was a violation of California Vehicle Code section 21658(a).

DEFENDANT'S CONTENTIONS:
Defendant disputed liability and the nature and extent of plaintiff's injuries and damages.

Specials in Evidence

$375,000

Damages

Plaintiff was unable to return to work as a wastewater technician where he was making $21 per hour.

Injuries

Plaintiff was transported to St. Francis Hospital by ambulance with a closed fracture of the right femur neck, superior endplate L5 fracture with right L1 and right L2 transverse fractures, and multiple complex left mid foot fractures including metatarsal /cuboid fractures and cuneiform fractures with widening of tarsal and metatarsal joints. Plaintiff underwent emergent surgical procedures to include right partial hip arthroplasty as well as left leg fasciotomies for compartment syndrome and subsequent wound debridement and external fixation of fractures. Plaintiff was then transferred to USC County Hospital where additional surgeries were performed to his left foot and leg including skin grafting. He was hospitalized for approximately one month and released to Long Beach Memorial Hospital Rehabilitation Center for seven days. Plaintiff further claimed that he may need a below knee amputation if additional surgical intervention was unsuccessful.

Result

The case settled for $3,265,000, which included policy limits from Harrison's personal policy with Travelers for $250,000, personal umbrella of $3 million with Hudson Insurance, and an additional $15,000 from defendant's employer PR Employer Inc. Hertz was released from any liability. Its statutory liability was subsumed by other available insurance policies.