Facts

Plaintiffs sued defendants after the moped they were on was struck by a Santa Clara County Sheriff's patrol car. The collision took place on West Hedding St. near the intersection with The Alameda, in San Jose. Both plaintiffs were ejected from the moped.

PLAINTIFFS' CONTENTIONS:
Plaintiffs contended that Deputy Padilla negligently operated her patrol vehicle when she ran a red light and struck them. They also contended that her employer, the Santa Clara County Sheriff's Department, was vicariously liable.

DEFENDANTS' CONTENTIONS:
Defendants conceded liability.

Injuries

Both plaintiffs sustained back injuries. Gosalvez, 36, fractured three ribs and an arm's radius, and sustained bulging lumbar discs. He claimed continuing chronic lower back pain and that he might need future lumbar surgery. Pham, 36, fractured three ribs and sustained lacerations to his spleen and liver. He also suffered a thoracic fracture at the T10 level. Pham was admitted to the intensive care unit and remained at the hospital for eight days. He claimed that he was unable to return to work as a dentist.

Result

The parties settled for $5.45 million. Pham received $5 million and Gosalvez received $450,000.

Other Information

FILING DATE: June 10, 2013.