Facts

As Paweł Wilczynski approached the intersection of Mesa Boulevard and Sequence Drive in San Diego, he was rear ended by Melanie Courtoglous' vehicle. Pawel later sued Melanie and the vehicle's co-owner, David Courtoglous, and Melanie's employer for his claimed injuries.

PLAINTIFF'S CONTENTIONS: Plaintiff contended that the collision occucrred while the driver was under the course and scope of employment, which made defendants either directly or vicariously liable for the negligent operation of the vehicle that rear-ended plaintiff's. Plaintiff further contended that the collision caused injuries that required continued treatment.

DEFENDANTS' CONTENTIONS: Defendants conceded the driver's negligence but contended that the negligence did not occur while the driver was in the course and scope of employment. Defendants further contended that plaintiff was not injured in the collision. Defendants also contended that plaintiff would not need any future treatment for his claimed injuries.

Injuries

Paweł Wilczynski suffered a concussion he claimed was followed by migraines, neck pain and a limited range of activity.

Result

The parties entered a $1.5 million settlement agreement. The driver's insurers tendered their $100,000 policy limits and her employer's insurers each tendered $700,000 towards the settlement amount.