Facts

At about 11:45 p.m., drunk driver Jeffrey Brian Levi, traveling in excess of 120 mph, rear-ended a Corolla, causing it to spin 720 degrees and strike the center barrier twice before coming to a rest in the fast lane of northbound Interstate 15 near the Miramar Road exit without any working lights. Numerous citizens pulled their vehicles over to the side of the road to assist the occupants of the Corolla. Levi's Mustang came to a stop in a ravine off the right side of the freeway. Approximately a minute later, an on-call, off-duty police officer driving a city-issued Ford Interceptor collided with the Corolla, which then caught on fire. The Interceptor overturned and slid north on the freeway coming to a rest upside down.

Plaintiff Giovanna Dominguez and Decedents Jesus David Dominguez and Isaac Felix were in the Corolla. Giovanna was extricated by good Samaritans. David and Isaac were non-responsive in the vehicle and could not be extracted due to the flames. Levi was apprehended 15 minutes after the crash walking towards his home. Three hours after the collision, his blood-alcohol content was measured at 0.16 to 0.17. Levi was convicted of second-degree murder, among other things, and was sentenced to 34 years in prison. He only had $300,000 of insurance. Plaintiff Giovanna Dominguez as well as Decedents' family members filed suit.

PLAINTIFFS' CONTENTIONS: Plaintiff contended that the city should be liable for plaintiffs' damages because the off-duty city police officer, who was driving a city-issued vehicle, failed to be on the lookout, failed to maintain a reasonable speed, and failed to take evasive action to avoid the collision. As a result, Plaintiff contended that Detective Rowe caused the injuries to Giovanna and the fire that led to the death of David and Isaac. Plaintiff contended that Levi was liable as his act of driving while intoxicated at a high rate of speed caused the initial collision, placing the Plaintiffs in a position to be struck and injured and killed by another driver.

DEFENDANTS CONTENTIONS: Defendants denied all contentions.

Injuries

Plaintiff Giovanna suffered broken bones and third-degree burns over 25% of her body. She had undergone three surgeries and will require further operations, in addition to ongoing physical therapy. David and Isaac perished in the vehicle fire.

Result

The case settled for $10 million ($9.7 million from the City of San Diego; $300,000 from Jeffrey B. Levi).