Facts

Rebecca Forkey sued Hendrick Automotive Group dba Concord West Automotive Co., Auto Legend LLC dba Acura of Fremont, Larry Day, Kathleen Harding, and Chrysler Group LLC, in connection with a vehicle rollover accident that allegedly occurred on May 5, 2013.

PLAINTIFF'S CONTENTIONS:
As defendant Day was driving along Interstate 680 in Walnut Creek at around 6 at night, Day spotted an impaired driver, defendant Harding, and called 9-1-1. The operator told Day to keep a safe distance from Harding, but Day continued to shadow Harding. Then, as they were near the exit to Rudgear Rd., Day swerved onto plaintiff's lane, causing plaintiff to swerve to avoid a collision. Plaintiff, however, lost control, causing her vehicle to rollover several times. Her vehicle landed upside down on the highway and she sustained catastrophic injuries as a result thereof. At the time, Day was performing a "dealer trade." As such, plaintiff sued Day, Harding, and the respective dealers, as well as the manufacturer of her vehicle, for negligence and vicarious liability. As to defendant Chrysler, plaintiff contended that her vehicle was not crash-worthy. Chrysler settled for an undisclosed sum. Plaintiff contended that the individual drivers were negligent in the operation of their respective vehicles and that the dealerships were vicariously liable for Day's negligence.

DEFENDANTS' CONTENTIONS:
Day denied any liability and contended that Harding was the sole cause of the accident. Day did not continue to shadow Harding. Day attempted to distance himself from Harding, but because of her erratic driving, (she was found guilty of driving while intoxicated), and Harding caused the accident by swerving into Day's lane of travel, causing Day to swerve to his right. Day contended that he was acting as a Good Samaritan when the incident occurred and that Harding was solely liable for the accident.

Auto Legend contended that Day was neither an employee nor a contractor. The liability theory against Auto Legend was that it was still the owner of the vehicle as the trade was not complete, and "joint venture" liability. An MSJ was pending at the time the settlement was reached.

Defendants also claimed plaintiff was being inattentive and overreacted to the situation, and disputed plaintiff's claimed damages.

Settlement Discussions

Chrysler settled for an undisclosed sum.

Damages

Forkey sought $1.75 in past medical expenses; $21 to $41 million in future medical expenses; $130,000 in past lost wages; and $3 million to $4 million in future lost wages. She also sought recovery for past and future pain and suffering.

Injuries

Forkey was rendered a quadriplegic as a result of the incident.

Result

The parties ultimately reached a $22,275,000 settlement. Hendrick Automotive/Concord West agreed to pay the bulk of the settlement, $22 million, while Auto Legend agreed to shoulder $175,000 and Harding $100,000.