Facts

On April 4, 2019, 22-year old Diana Calderon was struck by a vehicle being driven by John Heck, who was exiting a construction site. She was on the sidewalk that abutted Halesworth Street near the intersection of North Broadway in Santa Ana. Calderon, a student, sued Heck, Heck's employer--Perlite Plastering Company Inc, and the construction site's operator--Bernards Brothers Inc. Calderon was taken by ambulance to the hospital.

PLAINTIFF'S CONTENTIONS: Plaintiff Calderon contended that Heck drove his vehicle at a speed greater than reasonable, given the circumstances, and also failed to yield the right of way to Calderon. She also alleged that the construction site was configured in a manner that obstructed Heck's view of Calderon. Specifically, she claimed that Heck was negligent in his operation of the vehicle, that Perlite Plastering was vicariously liable for Heck's actions, that Bernards Brothers was negligent in how it maintained the construction zone and that the Bernards Brothers' negligence created a dangerous condition that contributed to the accident.

DEFENDANTS' CONTENTIONS: Defendants, including Heck and his employer, generally denied all contentions. Heck claimed that he did not see Calderon prior to the accident and video footage did not depict any obstruction.

Injuries

Calderon claimed injuries to her back, head and rib cage: a displaced fracture of a rib; nondisplaced fractures of two ribs; a concussion and a herniation of two intervertebral discs. She underwent about four months of physical therapy. She also underwent a microdiscectomy, a procedure for the herniation. Presently, she states that she suffers ongoing pain related to the accident, especially pain in her back.

Result

The parties negotiated a pretrial settlement. Heck's and Perlite Plastering's primary insurer tendered its policy, providing $400,000 of coverage and their excess insurer tendered its policy, providing $1 million coverage. The Bernards Brothers did not contribute and the overall settlement totaled $1.4 million.