Facts

Plaintiff William Simmons, 57, was walking three dogs at 10:14 p.m. on Sept. 23, 2005 at the intersection of Lawton Street and Seventh Avenue in San Francisco, when defendant Eugene Bachmanov hit him with a van while attempting to make a left turn. The defendant ran over one of the dogs and injured plaintiff.

The plaintiff sued defendant and defendant's employer B-Side Inc., a construction company, alleging defendant B-Side was vicariously liable for defendant Bachmanov's motor vehicle negligence. The plaintiff tried to settle his prospective claims with defendants.

PLAINTIFF'S CONTENTIONS:
The plaintiff contended defendant Bachmanov negligently operated the van while in the course of employment for defendant B-Side. Defendant B-Side's commercial auto policy, with liability limits of $1 million per incident, thus covered the employee's accident with plaintiff. Even if the van was defendant Bachmanov's personal vehicle, defendant B-Sides' insurance carrier, Century-National, had a policy extending coverage to any vehicle employees drove on company business, regardless of ownership. An investigation showed defendant driver was transporting a jackhammer in his personal vehicle for a project with which the employer was involved.

DEFENDANTS' CONTENTIONS:
The defendants denied liability, contending Bachmanov was not driving in the course and scope of his employment at the time of the accident. Following the collision, defendant signed a declaration under oath claiming he was not operating the vehicle in the course of his duties when he hit plaintiff. Consequently, Western United Insurance policy, with limits of $15,000 per person and $30,000 per occurrence, covered defendant's personal vehicle. Century-National investigated the loss and responded to plaintiff's policy limits demand prior to any suit being filed or any coverage action. Century-National never took the position that the loss was not covered.

Specials in Evidence

$172,915; $105,000; $100,000;

Damages

The plaintiff sought damages, in part, for diminished earning capacity as a result of the accident. The defendant disputed plaintiff's claims, arguing he was out of work for one year prior to the accident.

Injuries

The plaintiff sustained multiple injuries, including a fractured skull with subdural hematomas; subarachnoid hemorrhage; intraparenchyl hemorrhage; fractured transverse process of the L1 vertebra; and left knee injury. He arrived at the hospital in a coma and suffered permanent residual injuries, including cognitive deficits; anxiety; hearing loss; diminished taste and smell. The plaintiff overcame his childhood attention deficit hyperactivity disorder, as well as Asperger's Syndrome, to become a systems analyst, but was no longer able to work in computer programming after the accident. At the time of the accident, plaintiff was unemployed, but retraining to become an X-ray technician.

Result

The case settled for $1,015,000 (both policy limits) after the carriers investigated the loss and accepted plaintiff's policy limits demand.

Other Information

Insurers: Century National Insurance Co. for B-Side; Western United Insurance Co. for Bachmanov.