Facts

In May 2005, plaintiff Harry Ha was driving southbound on the 101 freeway in San Francisco. A commercial van belonging to a cable service company suddenly swerved from another lane, colliding with plaintiff's vehicle, causing it to overturn several times.

The defendant, the driver of the van, was in the course and scope of his duties when he collided with plaintiff's vehicle.

The plaintiff sued the driver and his employer, an unnamed cable service provider, for negligence.

The defendants contended plaintiff was at fault because he made an unsafe lane change which led to the accident.

Specials in Evidence

Plaintiff sought $35,000. The plaintiff sought $580,000 in future lost wages. The defendant argued that plaintiff's employer had no plans to release plaintiff from his position as a machine operator. Further, even if plaintiff were to lose his job because of his physical limitations, he would be able to find employment as a dispatcher and earn wages comparable to a machine operator.

Damages

The plaintiff claimed unspecified amounts for past and future pain and suffering.

Injuries

At the hospital, plaintiff registered a Glasgow coma score of 15 and suffered from sternum pain, abrasions to his left arm and hand, a degloving injury to his right index and middle fingers, a fractured vertebra at T12, and a lacerated kidney. According to a rehabilitation expert, plaintiff had sustained a 60 percent loss of grip strength in his right hand with permanent loss of range of motion. Further, plaintiff would be unable to work in fields requiring repeated hand or arm movement and the full gripping of objects. As a result, plaintiff's earning capacity dropped from $17.50 an hour to $9 an hour.

Result

The parties reached a settlement, the terms of which require defendant to pay plaintiff $550,000.