Facts

On June 16, 2006, Franklin Penado was driving a vehicle, his mother, Evelyn, and brother, Joel, were passengers. While approaching an entrance ramp to Interstate 280, Franklin drove near the right side of the road. Defendant Regina Litz drove her vehicle in front of Franklin's vehicle, heading towards the left side of the road. As the vehicles came closer to the entrance ramp, Litz allegedly cut off Penado by veering to the right. In an attempt to avoid a collision, Franklin swerved the car and crashed into the barrels that divided the freeway from the ramp. Evelyn broke her neck and died as a result. Francisco Penado, Evelyn's husband, and her four children brought an action against Litz, and the owner of her car, Molex Inc.

PLAINTIFFS' CONTENTIONS:
The plaintiffs alleged that Litz negligently failed to look to her right to see if any other vehicles approached, and that she made an unsafe turning movement.

DEFENDANT'S CONTENTIONS:
The defendant argued that Franklin drove above the speed limit and attempted to pass her vehicle in a negligent manner.

Damages

The plaintiffs requested between $600,000 and $750,000 in economic damages resulting from future lost earnings.

Injuries

The plaintiffs claimed death, emotional distress, and loss of society.

Result

The parties settled for $3,870,000.

Other Information

American International Group and Travelers Insurance Co. insured the parties.