Facts

Richard Chavez was a pizza delivery driver. Chavez was stopped at the intersection of Baseline Road and Hermosa Avenue in Rancho Cucamonga, when his vehicle was rear-ended by a vehicle operated by Anthony Smalls. Chavez later sued Smalls and the owner of Smalls' vehicle for Chavez's claimed injuries.

PLAINTIFF'S CONTENTIONS: Plaintiff contended that defendant caused the collision by operating their vehicle while under the influence of alcohol. Plaintiff contended that the smell of beer was potent on defendant after the collision and both of his eyes were visibly impaired. Plaintiff also contended defendant failed a field sobriety test and, with his prior DUI history, knew the risks of driving drunk. Plaintiff contended that defendants were liable for the collision and resulting injuries to plaintiff based on their conduct before and while operating the vehicle.

DEFENDANTS' CONTENTIONS: Defendants denied the contentions.

Injuries

Richard Chavez suffered a spinal injury requiring a lumbar decompression at the L3-4 and a lumbar laminectomy with a facetectomy and a foraminectomy on the L3-4 level. Chavez's prior back injury was also aggravated and he claimed he may need potential surgery in the future.

Result

The parties entered a $1,000,000 settlement agreement in lieu of trial. The settlement amount included $108,648.46 in medical costs and $8,600 in loss earnings.