Facts

Gerald McKay was involved in a head-on collision with a truck driven by Scott Peters. Peters' vehicle had crossed the center median, flew over a cable barrier, and crashed into McKay's sedan in the opposite lane. McKay sued Peters for motor vehicle negligence and driving while intoxicated. He sued the state of California and CalTrans, alleging the negligently constructed median barrier caused Peters' truck to flip over.

PLAINTIFF'S CONTENTIONS:
The plaintiff contended defendants negligently maintained the median barrier, allowing the oleander bushes to grow to an excessive height. This became a ramp-like structure increasing the force and velocity of the vehicle in its trajectory toward plaintiff's car. CalTrans knew the bushes and cable barriers were part of a defective design, but did nothing to ameliorate the potential harm to motorists.

DEFENDANTS' CONTENTIONS:
The defendants contended Peter was the only party liable for the collision because he lost control of his truck while driving drunk.

Specials in Evidence

$1 million medical lien.

Damages

The plaintiff sought damages for past lost wages and future payments to outside parties to assist him in operating his small business.

Injuries

The plaintiff broke his arm, hip, and leg. He was comatose for several weeks and underwent various reconstructive surgeries as a result of the accident.

Result

The parties agreed to a settlement whereby Peters paid McKay $110,000 and the state paid McKay $2.9 million.