Facts

At 2 a.m., plaintiff Marvin Rodas, a 33-year-old married male who supported 5 children, was driving on the 71 Transition Freeway in Pomona when he encountered defendant's vehicle stalled in the number 2 (of 2) lane. Plaintiff stopped his vehicle in front of the stalled vehicle to render assistance. The driver of the stalled vehicle was defendant Frank Cervantes. The vehicle he was driving was owned by defendant GA Technical. While they were looking under the hood to determine the cause of the stall, the vehicle was rear-ended by a drunk driver, defendant Gerardo Bobadilla. The force of the impact caused the stalled vehicle to move forward and strike plaintiff causing him to hit his head on the ground. The impact was so violent it caused the Bobadilla vehicle to catch on fire.

Plaintiff was taken to the hospital by ambulance. A series of CT scans on his brain revealed no immediate injury. But while he was being prepared for discharge, he suffered an acute large right eschemic MCA stroke. He remained in the hospital for two weeks and then four more weeks in rehabilitation.

PLAINTIFF'S CONTENTIONS: Plaintiff claimed that defendants Cervantes and GA Technical were negligent for not keeping the vehicle maintained and for allowing it to come to rest in a lane instead of the available shoulder. By stalling on the freeway they created a condition that invited rescue, which is what plaintiff did. The primary theory of the case was Rescue Doctrine as defined in CACI 453.

DEFENDANT'S CONTENTIONS: Defendants claimed that the vehicle was not completely blocking the lane and the sole cause of the damages was due to the negligence of the drunk driver. Defendant could not pull the vehicle all the way out of the slow lane of the freeway since the vehicle stopped operating while on an incline, there was no power steering and the shoulder was somewhat narrow with a short guard railing. Defendant was unable to fully control the vehicle and if he lost control and hit the short railing, it would cause him to fall 80 feet to the freeway below.

Insurer

Middlesex

Settlement Discussions

The policy was paid in two parts.

Specials in Evidence

Meds: $180,000 Future Meds: $7,825,321 (life care plan)

Injuries

Stroke, limited use of left arm, headaches, depression.

Result

The case settled for $5 million.