Facts

Plaintiff Freda Toney was employed by Torrance Transit as a bus driver. Defendant Gabriel Magana was employed by defendant American Textile Maintenance Company (ATMC) as a driver, and ATMC was the parent company for defendant Angelica Healthcare. Toney's bus was hit on the rear driver's side by Magana's commercial delivery truck while both were in the course and scope of their employment. Magana was driving approximately 30 mph to 40 mph at the time of the collision. Magana's vehicle was a total loss, which required towing from the scene of the accident. Toney's vehicle did not sustain significant damage and was driven from the collision site.

PLAINTIFF'S CONTENTIONS:
Toney contended that Magana was negligent in driving his vehicle at a high rate of speed, which caused the collision.

DEFENDANTS' CONTENTIONS:
Defendants countered that another vehicle cut of Toney's vehicle when it made an illegal right turn thereby causing Toney's vehicle to brake suddenly. Magana argued that had it not been for the unidentified vehicle making the illegal right turn, he would have never struck Toney's vehicle.

Settlement Discussions

Magana et al. offered $125,000, which was countered by Toney's C.C.P. section 998 demand of $750,000 as full satisfaction of plaintiff's third party claim and the workers' compensation insurers subrogation lien, which would be satisfied by plaintiff.

Specials in Evidence

$180,185.16 $61,011.20

Damages

Toney sought damages in the amount of $180,185.16 for past medical expenses, $61,011.20 for past lost earnings, and $500,000 for pain and suffering.

Injuries

Toney suffered injuries to her back and right leg, which required surgery and rehabilitation treatment.

Result

The parties settled for $500,000, plus the reduction of the workers' compensation lien from $95,789 to $50,000.

Other Information

Zurich Insurance insured Magana et al.