Facts

On Nov. 1, 2013 at 1:30 p.m., plaintiff Hugo Olvera, 43, attempted to exit the 60 Freeway westbound at Seventh Ave., which was congested due to construction activities. Plaintiff was the last and fourth vehicle to stop on the off ramp, and Luis D. Cruz was the second vehicle from the front. Defendant Jose Iniquez, who was driving in the course and scope of his employment for Power Pro Pluming, drove up behind Olvera and a collision occurred.

PLAINTIFF'S CONTENTIONS:
Olvera claimed that Iniquez slammed into the rear of his 1991 Volvo, causing a chain reaction crash. Olvera claimed that Iniguez and Power Pro were negligent in their operation of their vehicle resulting in the multi vehicle crash.

Cruz contended both Power Pro and Olvera were responsible for the accident.

DEFENDANT'S CONTENTIONS:
Power Pro cross-complained against Olvera. Power Pro argued that, based upon the statement of one of the vehicle drivers involved in the collision, Olvera decided to exit the off ramp at the last second and pulled back into the number 4 lane directly in front of Power Pro Plumbing.

Settlement Discussions

Olvera served a CCP 998 demand on May 8, 2015 for $450,000. No offer by defense.

Specials in Evidence

$15,000 (Olvera) none (Olvera)

Injuries

Olvera claimed a blow to his head and multiple, non-displaced pelvic fractures, which no surgical intervention was required. Olvera claimed residual back pain that may require sacral fusion Cruz claimed injuries of neck pain, left shoulder pain and lower back pain.

Result

The case settled for $225,000 as to Olvera. Cruz settled his claim for $20,000.

Other Information

RELATED CASES: BC561538 on Nov. 12, 2014, BC561539 on Nov. 12, 2014. FILING DATE: Jan. 13, 2014.