Facts

Walter Theis sued defendant Ruslan Mayboroda, Edelmira Noriega, Pharmacorp Inc., and others following a traffic collision.

PLAINTIFF'S CONTENTIONS: Plaintiff argued that Mayboroda negligently operated his vehicle when he rear ended plaintiff's vehicle in Pacific Palisades. Plaintiff further argued that Noriega was liable as the owner of the vehicle, and that Mayboroda's employer, Pharmacorp, was liable for Mayboroda's actions during the course and scope of his employment. Plaintiff motioned for summary judgement alleging that Mayboroda was in the scope and course of his employment with Pharmacorp because he was acting in compliance with Pharmacorp's customer service policy when he operated the vehicle in order to deliver a bag to a customer. Plaintiff argued that Pharmacorp would benefit from the alleged customer service.

DEFENDANT'S CONTENTIONS: Mayboroda and Noriega denied liability arguing that the vehicle's breaks were faulty at the time of the accident. Pharmacorp denied liability, and motioned for summary judgement arguing that Mayboroda was not operating the vehicle within the scope and course of his employment. They argued that Mayboroda already left work for the day when the accident occurred, was not driving a work vehicle, and was not required to deliver the bag to the customer. Further, defendants denied causation and argued that plaintiff's injuries were pre-existing and degenerative.

Damages

Plaintiff sought recovery in an unspecified amount.

Injuries

Plaintiff complained of aggravated pre-existing lower back issues, and neck injuries requiring decompression surgery among other things.

Result

Pre-trial, the parties settled for $1,799,999.99. Pharmcorp's insurer agreed to pay $1,699,999.99 and Mayboroda and Noriega's insurer agreed to pay $100,000.