Facts

On July 14, 2013, at around midnight, plaintiff Jonny Derakhshanian, 21, was struck by a Ford pickup truck being driven by defendant David Gomez. Gomez had left a house party at the residence of defendant Diosdado Santiago.

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that Santiago had given his son permission to throw his 20th birthday party at their residence. Towards the end of the evening, there was an altercation that became violent. A group of guests led by Gomez, was told to leave. Gomez assembled his group into his Ford pickup truck and drove away. Meanwhile, plaintiff was in the street picking up garbage bins. Gomez crashed the Ford pickup truck into the garbage bins and struck plaintiff.

Plaintiff claimed that Gomez was negligent in the operation of his vehicle. Plaintiff also claimed Santiago knowingly furnished alcoholic beverages at his residence to Gomez, whom he should have known to be under 21 years of age, and the furnishing of the alcoholic beverage was the proximate cause of plaintiff's injuries (CA Civil Code section 1714(d).)

DEFENDANT'S CONTENTIONS:
Santiago disputed liability.

Injuries

Plaintiff claimed a closed head injury, a closed left radial mid shaft fracture, a dislocated wrist, lacerations, and abrasions.

Result

Gomez's auto liability carrier Allstate tendered their $100,000 policy limit. Santiago accepted plaintiff's CCP 998 demand for the $300,000 homeowners' policy limit with Mercury. The case settled for a total of $400,000.

Other Information

FILING DATE: March 4, 2014.