Facts

Plaintiffs Victoria Cabrera and her husband, Jeronimo Cornejo, were driving their SUV westbound on Route 74 in Homeland at 6 p.m. A California Motor Club Inc. tow truck, driven by Omar Hernandez, pulled out from a nearby gas station and into their path of travel. There was an impact between the Cabrera vehicle and the California Motor Club tow truck, as well as between the Cabrera vehicle and another sedan behind the Cabrera vehicle, driven by Nicholas van Horn. A fire broke out, during which Cabrera suffered a burn to her right leg.

Cabrera and Cornejo sued Hernandez and California Motor Club, van Horn, and the owner of the van Horn vehicle. A passenger in van Horn's vehicle, Jaime Fernandez, sued Cabrera, Hernandez, and California Motor Club for injuries sustained in the crash.

PLAINTIFFS' CONTENTIONS: Cabrera and Cornejo contended that Hernandez was negligent and caused the crash sequence.

DEFENDANTS' CONTENTIONS: Defendants contended, based on the testimony of an independent eyewitness, that Cabrera had been stopped in a left turn pocket for several seconds, allowing Hernandez to turn in front of her. Defendants further contended that, while Hernandez was completing his left turn, Cabrera suddenly maneuvered her vehicle to the right, blocking van Horn's path of travel and initiating a collision with the van Horn vehicle that ultimately caused Cabrera to spin and collide with the tow truck. Defendants contended that Cabrera's headlights were not activated.

Insurer

Plaza Indemnity Company.

Settlement Discussions

Van Horn was uninsured and insolvent, as was the owner of the vehicle he was driving. Cabrera's insurer tendered her policy limits to Fernandez. California Motor Club and Hernandez, accepted plaintiffs' joint policy limits demand of $1 million.

Specials in Evidence

$111,363.43 [Cabrera]; $41,910 [Cornejo]

Damages

Past and future medical expenses; past and future general damages

Injuries

Cabrera suffered a burn to her right leg and a dislocated left elbow. Cornejo suffered soft tissue injuries. Fernandez suffered soft tissue injuries.

Result

California Motor Club and Hernandez settled with the plaintiffs for $950,000, of which Cabrera received $825,000 and Cornejo $125,000. Plaintiffs settled with Fernandez for $50,000.