Facts

On May 15, 2007, Dietmar Gottschalch, 51, was killed when defendant Willard Ray Rhodeau struck Gottshalch with his vehicle. Gottschalch was riding a motorcycle with his wife and fellow German tourists on Highway 108 on a trip through the U.S., when Rhodeau hit him while making a left turn. Rhodeau's vehicle was owned by his employer, defendant American Land and Leisure Inc.

Gottschalch's wife, Sabina, and two adult sons, Andy and Sven, made a claim for wrongful death and motor vehicle negligence.

PLAINTIFFS' CONTENTIONS:
The plaintiffs contended that Rhodeau was negligent in his use of the vehicle, thus causing Gottschalch's death. Plaintiffs also contended that American Land and Leisure, Inc. was liable under the respondeat superior theory.

DEFENDANTS' CONTENTIONS:
Defendant American Land and Leisure countered that Rhodeau was not acting within the course and scope of his employment when he struck Gottschalch. Both defendants also argued that Gottschalch could have avoided the accident and thereby, was contributorily negligent.

Damages

Plaintiffs claimed damages in an amount exceeding $2,000,000.

Injuries

The plaintiffs claimed wrongful death.

Result

The plaintiffs settled for $1 million, which represented the policy limits for the defendants.