Facts

Plaintiff Carlos Alberto Tume Tello was headed south on Encino Avenue, just south of Nordhoff Street, when defendant Jeremias Jaravata, in course and scope for Foristar Services, headed east out of an alleyway, failed to yield and struck plaintiff as he was passing by.

DEFENDANT'S CONTENTIONS: Defendant contended that he heard an audible sound from his cell phone as he reached Encino Avenue and did not see any vehicles traveling southbound on Encino before commencing to attempt to turn left onto Encino Avenue. When he commenced his turn, all of a sudden plaintiff was in his course of travel (likely due to plaintiff's unreasonable speed), and while he attempted to brake, the vehicles collided.

Insurer

Federal Insurance

Specials in Evidence

Meds: approximately $390,000 and past and future pain and suffering

Injuries

Plaintiff had injuries to his neck and back which resulted in his undergoing an anterior cervical discectomy and fusion.

Result

The case settled at mediation for $950,000.