Facts

Plaintiffs' decedent, 39-year-old Deanna Thompson, was the wife of plaintiff Jeremy Thompson and mother of plaintiffs Alexis and Brandon Thompson, four and two, respectively, at the time of their mother's death.

Decedent was driving in the course and scope of her employment as a physical therapist on I-60 near Beaumont and talking on her cell phone to her employer when a Ferguson Enterprise Inc. commercial truck pulled in front of her from a frontage road. The truck was being driven by defendant Donald Ricks, a temporary driver on loan from Checkmate Transportation. The accident occurred on Ricks' third day working for Ferguson.

After the accident, Ricks' blood was tested and found to be positive for marijuana. Ricks had no observable symptoms of intoxication at the scene of the incident but was criminally prosecuted for driving under the influence. The criminal trial resulted in a hung jury.

Discovery revealed that Ricks had numerous prior criminal arrests and convictions for theft and drug related crimes. Ricks did test negative on a standard pre-employment drug test arranged by Checkmate Transport, Inc. before beginning his employment with Ferguson but Checkmate failed to conduct a background check on Mr. Ricks as mandated in the contract between Checkmate and Ferguson. Checkmate was in bankruptcy at the time of the accident and had allowed its own liability insurance policies to lapse.

PLAINTIFFS' CONTENTIONS:
Plaintiffs contended that Ricks was negligent in failing to yield the right-of-way before entering the I-60 freeway. In addition, plaintiffs contended that Ricks was driving under the influence of marijuana. Plaintiffs contended Ferguson Enterprises Inc. was vicariously liable for Ricks' actions.

Plaintiffs also sought treble damages under Civil Code Section 3333.7 against defendant Ferguson Enterprises, Inc. for its alleged failure to insure that Ricks had complied with the testing and educational requirements mandated under Title 49 of the Code of Federal Regulations. Plaintiffs also contended that defendant Ferguson was liable for punitive damages based on its lax background check procedures.

DEFENDANTS' CONTENTIONS:
Defendants contended that Deanna Thompson was comparatively negligent for speeding and talking on her cell phone at the time of the accident. Defendants contended that had Mrs. Thompson been paying attention to the road she could have avoided Ricks' vehicle. Ferguson Enterprises, Inc. argued that they were not vicariously liable for Ricks' actions as Ricks was an employee of Checkmate Transportation. Ferguson contended it acted reasonably in relying upon Checkmate's contractual promise to properly test and investigate the temporary employees it supplied Ferguson.

Settlement Discussions

Numerous demands and counteroffers were made. Mediations were held before Michael Moorehead, Esq., and the Hon. Elwood Rich (Retired) before the matter was eventually settled on the eve of trial before mediator Robert Kaplan, Esq.

Injuries

The wrongful death of 39-year-old wife and mother. Plaintiffs claimed future economic damages of approximately $2 million based on projected future earnings of decedent as well as her husband who, after the accident, became a full-time caretaker for the children.

Result

Settlement, $6 million.