Facts

On Dec. 22, 2007, Jose Eugarrios was driving westbound on a motorcycle on Roscoe Boulevard, in Los Angeles. He was driving in the second lane. Lorraine Anderson was traveling eastbound on Roscoe Boulevard. She was in the first lane. At the intersection where Roscoe Boulevard meets Sedan Avenue, Eugarrios and Anderson collided when Anderson attempted to make a left turn from Roscoe Boulevard onto to Sedan Avenue. Eugarrios did not own the motorcycle, and in fact only had possession of it because it had been used as a collateral for a loan he made, and was not personally insured to drive the motorcycle. Eugarrios sued Anderson for negligence.

PLAINTIFF'S CONTENTIONS:
Eugarrios claimed that Anderson failed to yield to him the right of way when she attempted to make the left turn at an intersection with no light or stop sign. Eugarrios further argued that he was exempted from Proposition 213, which prevents uninsured drivers from being awarded certain types of damages, because he was acting in the course and scope of his employment. Eugarrios claimed that because he was acting as an agent of his employer, at the time, he was covered by his employer's policy, thus fulfilling the minimum insurance requirements under the Vehicle Code.

DEFENDANT'S CONTENTIONS:
Anderson claimed that Eugarrios was driving above the speed limit and caused the accident by being inattentive. She further claimed that he was not acting as an agent of his employer at the time and that, therefore, the prohibitions of Proposition 213 should apply. She argued that Proposition 213 should also apply because Eugarrios' employer did not furnish the motorcycle. Anderson also claimed that Eugarrios had fully recovered from his injuries.

Specials in Evidence

Eugarrios sought recovery of $235,000 in past medical costs. $30,000; Eugarrios sought to recover an unspecificed amount in lost future wages.

Injuries

Eugarrios claimed facial fractures of the frontozygomatic maxilla and orbital floor, a closed shaft fracture of the right femur, a spleen laceration, and C7 and T1 right-side fractures of the traverse processes. Eugarrios claimed that his injuries required irrigation, debridement, open reduction-internal fixation surgery, and intermedullary nailing.

Result

The parties reached a settlement for $850,000.

Other Information

MEDIATOR: Michael D. Moorhead. INSURER: State Farm insured Anderson.