Confidential
Settlement – $310,000Judge
Court
L.A. Superior Santa Monica
Attorneys
Plaintiff
John F. Denove
(Cheong & Denove)
Defendant
Facts
The plaintiff was a passenger in a vehicle traveling westbound on Sunset Blvd. in Los Angeles and as she was
approaching the intersection of Westwood Plaza, the defendant who was traveling eastbound, lost control of
his vehicle and crossed into westbound traffic in front of the plaintiffÆs oncoming vehicle.
The plaintiff contended that the defendant driver was negligent and driving while under the influence. The
plaintiff also contended that at the time of the accident, the defendant was acting within the course and scope of
his employment with his employers as the accident occurred while the defendant was on-call and was on his
way to work, responding to an in-coming call to report for a work assignment.
The defendant employer alleged that the defendant driver was not acting within the
course and scope of his employment and that such conduct fell within the "coming and going"
exception to respondent superior liability.
Settlement Discussions
PLEASE CLARIFY
Specials in Evidence
$14,000 $2,500 PLEASE EXPALIN ABOUT THE COSTS OF THE SURGERY FOR CATARACTS AND GLAUCOMA AND HOW THESE RELATED TO THE ACCIDENT.
Injuries
The plaintiff sustained an injury to the right eye, resulting in loss of some peripheral vision.
Other Information
<M>The case was settled at mediation before Michael Moorhead. The employer brought a motion for summary judgment which was denied.</M>
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