Facts

In January 2018, Etelvina Blanco, a driver for the Department of Public Works, crashed the City and County of San Francisco's Ford F-350 truck into the driver's door of Noel Clay's Toyota car at the intersection of 19th and Sanchez streets. Clay sustained a cervical neck strain that developed into degenerative conditions in her cervical spine, including intervertebral disc displacement in her C4-5, 5-6, and 6-7 vertebrae and bone spurs and stenosis in her C3-4 vertebrae. In 2019, Noel Clay brought a lawsuit against Etelvina Blanco for motor vehicle negligence and the City and County of San Francisco for vicarious liability for Blanco's negligence. Plaintiff sought lost wages, medical expenses, and general damages, as well as compensatory damages.

PLAINTIFF'S CONTENTIONS: Plaintiff contended that Blanco was negligent and that his acts were the proximate cause of her neck and spine injuries. Plaintiff maintained that the force of the truck Blanco drove caused rapid, unexpected lateral head movement that magnified the damage to plaintiff's neck. Plaintiff further alleged the City was vicarious liable for the injuries suffered as a result of Blanco's negligence since Blanco was operating a motor vehicle owned by the City in the course of his employment with the City when the accident occurred.

DEFENDANTS' CONTENTIONS: Defendants denied each and every allegation in the complaint. Defendants further denied that plaintiff had been damaged at all by reason of any act or omission by the City. Additionally, defendants contended that each and every cause of action is barred by the statute of limitations. Defendants alleged that plaintiff had full knowledge of the risks involved in the activity in which she was engaged at the time of the accident and that the damage sustained by plaintiff was caused by risks that were voluntarily accepted by plaintiff. Finally, defendant contended that plaintiff's negligence contributed to and was the proximate cause of her alleged injuries and that plaintiff failed to mitigate her damages.

Result

$70,750 settlement.