Facts

On June 30, 2006, while driving his 2002 Ford Explorer on the 5 Freeway at approximately 70 mph, Steven Farrier stopped his SUV to avoid traffic, swerving to his right. His car collided with a truck driven by Rosales, an employee of Art's Trench Plate & K-Rail Inc, which was traveling at about 65 mph. The impact caused the 1999 Ford F450 that Rosales was driving to enter the lane over to Rosales' right, into the path of Jose Gonzalez's vehicle, who was traveling at about 50 mph. Gonzalez T-boned Rosales. Art's Trench sued both of the drivers. Gonzalez was covered by California Capital Insurance Co.

PLAINTIFF'S CONTENTIONS:
Art's Trench claimed that Farrier was negligent in driving his vehicle, which resulted in the vehicle hitting Rosales. Plaintiff also contended that Gonzalez was negligent in allowing his tractor-trailer to T-bone Rosales' truck.

Settlement Discussions

Art's Trench demanded $39,999 from Farrier and $29,999 from Gonzalez, both via CCP 998. Gonzalez offered $5,000, via CCP 998.

Damages

Art's Trench claimed $25,125 in property damage to its truck, $240 for towing the totaled vehicle, $4,016 in interest, and between $13,544 to $127,5000 for the loss of use of the totaled vehicle. Also, it claimed storage costs estimated at $3,040 to $5,111.

Result

The jury returned a verdict for the defense. Gonzales was granted costs of $12,855 and the parties settled for $6,607. Plaintiff's motion for a motion for new trial was denied.

Deliberation

5.5 hours

Poll

12-0

Length

five days