Facts

Plaintiff Interinsurance Exchange sought recovery of $24,688 it paid for damages to its insured's 2006 Lexus IS300. The vehicle sustained the damages in a motor vehicle accident that occurred on May 26, 2010. Plaintiff's insured had attempted to make a left turn and collided with the rear of gravel truck driven by Miguel Jimenez, who is employed by Rivera Trucking.

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that defendant was negligent for entering the intersection when the insured had the right-of-way. Plaintiff claimed the insured entered the intersection, was beginning her turn, and that defendant knew, or should have known, so defendant should have yielded to her.

The accident resulted in a total loss to the insured vehicle.

DEFENDANT'S CONTENTIONS:
Defendants contended that the driver proceeded into the intersection lawfully, cautiously and with due care. Defendants argued that the insured negligently and carelessly struck the gravel truck during her left turn.

Settlement Discussions

Plaintiff demanded reimbursement of the full amount of its paid claim. Defendants offered to waive costs in exchange for dismissal of the complaint.

Damages

Plaintiff sought $24,688 it paid for damage to its insured's vehicle.

Result

Defense verdict.

Other Information

Defendant was awarded costs in the amount of $1,862. FILING DATE: March 12, 2012.