Facts

On Dec. 17, 2015, Gabriel Bononi was riding his motorcycle on Mulholland Highway from the Pacific Coast Highway towards Kanan Road. As Bononi was approaching South Bardman Avenue on eastbound Mulholland Highway at an undetermined speed, defendant Leonso Abel Rodriguez initiated his left-hand turn from westbound Mulholland Highway onto South Bardman Avenue. A collision occurred, and Bononi suffered fatal injuries.
Bononi's wife, Maria Fernanda Bononi and three adult children, Carla Bononi, Giorgina, Bononi, and Lucas Bononi, sued defendants Leonso Abel Rodriguez, Green Leaf G.T.H. Inc. and Holland Construction and Design Inc.

Holland Construction and Design Inc. cross-complained against Leonso Abel Rodriguez, Green Leaf G.T.H., and Outlook Zone.

PLAINTIFF'S CONTENTIONS: Plaintiffs contended that Rodriguez's immediate employer, Green Leaf G.T.H. was an unlicensed subcontractor hired by general contractor Holland Constriction and Design Inc. Both Green Leaf G.T.H. Inc. and Holland Construction and Design Inc. were therefore vicariously liable for Rodriguez's negligence under California Labor Code section 2750.5.

DEFENDANT'S CONTENTIONS: Rodriguez contended that the decedent was travelling at approximately 90 miles per hour and he was unable to take evasive action before the decedent's motorcycle collided into the rear passenger side of his vehicle.

Holland Constriction and Design Inc. claimed it was not vicariously liable for the acts of Rodriguez because it subcontracted with and hired cross-defendant Outlook Zone, a licensed contractor, and not Green Leaf.

Settlement Discussions

Plaintiff demanded $15,000 policy limits of Rodriguez, $1 million policy limits of Green Leaf G.T.H., and $1 million policy limits of Holland Constriction and Design Inc.

Injuries

Plaintiffs sought wrongful death damages.

Result

Plaintiffs settled with defendants for $2,015,000, which included $15,000 policy limits from Rodriguez, $1 million policy limits from Green Leaf G.T.H., and $1 million policy limits from Holland Constriction and Design.