Facts

Julio Salazar, 79, was standing on the sidewalk on the southwest corner of the intersection of 21st Avenue and Geary Boulevard when he was struck by a truck. The truck was being operated by Guanmao Chen. Chen was operating a truck on behalf of his employer, Magic Gourmet Trading, Inc. to deliver food to Dragon Beaux Restaurant. Julio and his wife, Ophelia Salazar, filed a lawsuit against Chen, Magic Gourmet Trading, and Dragon Beaux for his resulting personal injuries.

PLAINTIFFS' CONTENTIONS: Plaintiffs contended that defendant caused the collision by negligently operating the truck that hit Julio. Plaintiffs also contended that all defendants were liable for Julio's injuries because Chen was operating the truck in the course and scope of his employment. Plaintiffs contended that Julio's injuries reduced his life expectancy by one year after and he was rendered unable to complete most of his normal daily functions after the collision. Ophelia claimed loss of consortium.

DEFENDANTS' CONTENTIONS: Defendants denied the contentions. Defendants Magic Gourmet Trading, Inc., Willy Ng, and Fung Ping Chen contended that Chen's brakes failed after he engaged the ignition and lost control of the vehicle. Those defendants also contended that although Chen was in the course and scope of his employment at the time, he inadvertently struck plaintiffs' vehicle.

Specials in Evidence

Plaintiffs claimed $746,661 in medical bills.

Damages

Julio Salazar claimed approximately $10,000,000 in compensatory damages for past and future pain and suffering. Ophelia Salazar claimed at least $1,000,000 in damages for loss of consortium and pain and suffering.

Injuries

Julio Salazar underwent two series of surgeries to treat his intense brain injuries, broken bones, and failing organs and cardiovascular system. Salazar also sustained acute blood clotting in his vessels and endured multiple drug prescriptions to treat his injuries. Post-surgery, Salazar required more home-care assistance after approximately 53 days spent in the intensive care unit and acute care units.

Result

Plaintiffs reached a $3,900,000 settlement agreement through mediation with defendants Magic Gourmet, Willy Ng, Fund Ping Chen Ng and Guanmao Chen. Defendants Koi Palace Restaurant and Dragon Beaux LLC did not settle. On August 5, 2020, Judge Schulman determined the settlement was in good faith, over Dragon Beaux's opposition to the good faith determination motion and objection to the settlement. Of the $3,900,000 paid by the settling defendants, Ophelia received $400,000 of the net settlement amount for her loss of consortium and the remaining amount was allocated to Julio for his injuries and claims.

Other Information

Plaintiffs' claims against the non-settling defendants are set for trial in May 2021.