Facts

On the evening of Oct. 2, 2007, Chelsea Kelcher-Ealy was driving her 2000 VW Jetta in the number 2 lane on the I-15 northbound transition road towards eastbound SR 78. John O'Brien, an employee of California Dept. of Transportation who was operating a state-owned vehicle in the course and scope of his employment, pulled out from the gore point where the transition road from I-15 northbound merges with the SR 78 eastbound. Kelcher-Ealy and O'Brien collided. After the collision, Kelcher-Ealy brought suit.

PLAINTIFF'S CONTENTIONS:
Kelcher-Ealy contended that she was driving at a safe and courteous speed. She contended that O'Brien changed lanes directly into her path of travel. Kelcher-Ealy further contended that she slammed on her brakes in an attempt to avoid the collision, but could not stop in time to avoid colliding with O'Brien.

DEFENDANT'S CONTENTIONS:
O'Brien contended that he looked back toward the transition road and did not see any vehicles coming. Believing that the roadway was clear, he proceeded across to the right shoulder.

Specials in Evidence

$401,853 $180,000

Injuries

Kelcher-Ealy sustained lumbar disc protrusions encroaching on the nerve roots. She also sustained disc injuries to her cervical spine, which have caused severe C4-5 instability. She underwent multiple epidural steroid injections to the L5-S1 and C5-6 levels and then eventually surgeries followed. Kelcher-Ealy has also suffered severe dysfunction of the right brachial plexus, which also led to surgery.

Result

The parties reached a settlement.