Facts

Gustavo Zepeda was a passenger in a vehicle that was rear-ended on the freeway by a tractor-trailer. Zepeda filed suit against the driver of the tractor-trailer, Rafael Gutierrez, and the co-owner of the tractor-trailer, Maria Gutierrez, doing business as R&M Trucking. George Amezquita, another motorist involved in the collision, filed a separate suit against Rafael Gutierrez and R&M Trucking. The Zepeda matter was consolidated into Amezquita's action.

Amezquita settled his claims for an undisclosed amount prior to trial.

PLAINTIFF'S CONTENTIONS: Zepeda contended that Rafael Gutierrez was negligent in his operation of the tractor-trailer and that Maria Gutierrez was vicariously liable for his actions. Zepeda contended that the tractor-trailer did not have a single, functional brake at the time of the collision. Zepeda contended that defendants failed to properly inspect, repair and/or maintain the vehicle's braking system.

DEFENDANTS' CONTENTIONS: The defendants conceded liability.

Settlement Discussions

Zepeda made a CCP Section 998 demand of $525,000. However, defendants' Section 998 offer was $150,000.

Result

The jury found that the Gutierrezes were negligent and that their negligence was a substantial factor in causing Zepeda harm. The jury awarded Zepeda $913,434.06 in damages, which included $213,464 in past medical cost, $200,000 in future medical cost, $250,000 in past pain and suffering, and $250,000 future pain and suffering.