Facts

Peter Arthur immigrated to the United States from Guyana, and he enlisted in the United States Navy, serving for 20 years. On September 13, 2019, Arthur was riding his Harley Davidson motorcycle north on Interstate 5 near Mile of Cars Way in National City when a 2014 Chevrolet Express van, driven by Navy sailor Michael Stanley Reynolds and owned by the United States, swerved into faster moving traffic in the lane to its left. The van driven by Reynolds collided with a second vehicle, which in turn caused multiple other collisions that pushed vehicles and debris into the path of Arthur's motorcycle in the far-left lane. Arthur was ejected from his motorcycle at freeway speed suffering severe injuries. His representatives filed a Federal Tort Claim on his behalf and subsequently sued Reynolds and the United States. Reynolds was dismissed as an individual defendant upon the United States' certification that he was acting within the course and scope of his federal employment at the time of the incident.

PLAINTIFF'S CONTENTIONS: Plaintiff contended that Reynolds negligently swerved suddenly and without warning, which set off the chain reaction of collisions; that as a result of Reynold's driving, he had been thrown from his motorcycle onto the highway; that he had suffered injuries to his right arm including a full-thickness tear of his right biceps and a complete nerve laceration in his elbow; that his right femur, tibia, and fibula shattered, along with multiple fractures to his right foot and ankle, and a degloving injury to his right foot; that he suffered a traumatic brain injury as a result of the crash; that, as a result of these injuries, he eventually had to have his leg amputated above the knee; that plaintiff suffers from ongoing dysfunction in his right arm, as well as heavy scarring from the crash and ensuing operations, and ongoing psychological and emotional trauma. Plaintiff further contended that the United States was vicariously liable for Reynolds's negligence and the resulting harm to plaintiff. Plaintiff also contended that the United States had negligently entrusted Reynolds with the van and had negligently hired, trained, and supervised him.

DEFENDANTS' CONTENTIONS: Defendants denied any wrongdoing and all of plaintiff's material allegations. Reynolds and three other Navy passengers contended that another vehicle that did not stop at the scene had cut him off, causing him to swerve, which caused the collision.

Result

The parties reached a settlement agreement wherein the defendants admitted no wrongdoing or liability but agreed to pay $10.8 million to settle the plaintiff's claims.