Facts

On March 25, 2020, 43-year old Candelario Ahumada was driving on State Route 152 in Gilroy. His vehicle collided with a tractor-trailer that was being driven by Charles Sawyer. Sawyer was making a left turn from the opposite side of the roadway, colliding with Ahumada's vehicle head on. Ahumada filed suit against Sawyer and Sawyer's employer, Blue Sky Towing Inc., who owned the vehicle that Sawyer was driving. An ambulance transported Ahumada to the hospital where he received treatment.

PLAINTIFF'S CONTENTIONS: Plaintiff Ahumada contended that Sawyer was negligent in the operation of the vehicle when he crossed the roadway's double yellow line while turning. He claimed that Blue Sky Towing, as the owner of the vehicle and Sawyer's employer, was also vicariously liable for Sawyer's actions.

DEFENDANTS' CONTENTIONS: Defendant Sawyer did not contest liability.

Injuries

As to his injuries, Ahumada ultimately claimed that he suffered trauma of his intervertebral disc. Treatment included chiropractic, physical therapy, a pain-management regimen and implantation of a neurostimulator, a device that provides pain-relieving stimulation of spinal nerves. This neurostimulator will require periodic replacement of its battery and leads. He continues to work, but he suffers residual pain that prevents his tolerance of prolonged periods when seated, running or walking. As such, he sought recovery of past and future medical expenses and damages for past and future pain and suffering.

Result

The parties negotiated a pretrial settlement with defendants' insurer agreeing to pay $976,900.03.