Facts

Vyacheslav Berman was stopped at a stop sign, intending to make a right turn at the intersection, when the driver's side of his vehicle was struck by a freightliner semi tractor-trailer. The semi was pulling a trailer loaded with 22 tons of asphalt and was operated by Ronald Goodwin. The impact pushed Berman's vehicle into a light pole, crushing it.

Berman sued Goodwin, Willis Goodwin, the owner of the tractor trailer, and C Sons Trucking Co., an independent trucking company owned by Willis Goodwin, for negligence and vicarious liability. Berman also sued Curtis Williams dba Williams Trucking Co., Oliver De Silva dba Gallagher and Burk Inc., the City of Oakland and Oakland Public Works Agency.

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that the driver, driving west on a downhill slope, was driving in a section of the road that was marked for eastbound traffic only. He further alleged that the driver was driving at an excessive rate of speed, was driving with a suspended license, and without proper endorsements. Plaintiff also contended C Sons Trucking negligently entrusted the tractor-trailer to the driver who was unlicensed, medically unfit, and inadequately trained.

Specials in Evidence

Berman sought $45,476.13 in billed medical expenses; $54,600 for loss of income; and between $11,000 to $21,000 for future medical costs. His wife also sought recovery for loss of consortium.

Injuries

Berman suffered from abrasions, lacerations and contusions from the accident. He was rushed to the hospital for emergency treatment. He suffered from a closed head injury with post-concussion syndrome, mild cognitive dysfunction, post traumatic stress with anxiety/depression and a nasal fracture. Berman suffered from sleep apnea as a result of the nasal deformity as well as visual disturbance in his left eye. He had difficulty driving for a year following the accident due to frequent dizziness, intermittent blurred vision, headaches and spinal pain. The defense denied the severity of his claimed injuries.

Result

The parties settled the matter for $900,000, five weeks before trial. Berman received $850,000 for his injury, while his wife received $50,000 for her loss of consortium claim.

Other Information

ARBITRATOR: Charles F. Hawkins.