Facts

On Jan. 9, 2003, plaintiff Jon Mueller, a 32-year-old air conditioning specialist, was driving on Highway 580 West in Alameda County when he was rear-ended by an 18-wheeler driven by defendant Enrique Lopez employed by Joseph Eletto Transfer Inc. Lopez was driving about 50 mph about fifty feet behind plaintiff when the traffic slowed. The truck's wheels locked and skidded when Lopez slammed on his brakes, causing him to hit plaintiff's car. Mueller was injured.

PLAINTIFF'S CONTENTIONS:
The plaintiff sued Lopez alleging vehicular negligence. The State Compensation Insurance Fund also filed a claim for worker's compensation payments made to plaintiff and sued Enrique Lopez and Joseph Eletto Transfer Inc. Mueller intervened as a plaintiff in the suit by State Compensation against Eletto. The plaintiffs countered against Elletto claiming that Elletto was an "employer" under the Federal Motor Carrier Act regulations and therefore liable under respondeat superior.

DEFENDANT'S CONTENTIONS:
Joseph Elletto Transfer Inc. contended that it was not liable because Lopez was an independent owner.

Damages

The plaintiff sought recovery of unspecified damages for past and future pain and suffering. State Compensation Insurance Fund sought recovery of $203,047 in benefits it paid to plaintiff.

Injuries

The plaintiff was diagnosed the day of the accident, with lumbar strain but continued to suffer from back, neck, shoulder, leg and hip pain, headaches, short-term memory loss and occasional blurry vision. He eventually was diagnosed with a pars defect with spondylolisthesis and required surgery.

Result

The parties settled the case for a total of $1,375,000. Plaintiff received $1,290,000 and State Compensation Insurance Fund received $85,000.

Other Information

Insurer for defendant: AIG.