Facts

The accident occurred on March 18, 2006 at 6:30 p.m. when a 15,000-pound utility truck owned by defendant employer and being driven by defendant driver in the scope of his employment, went out of control on a west roadway in North Hollywood. The investigating officers concluded that defendant driver was driving at an excessive rate of speed. They also concluded that improper driving by the defendant contributed to his truck rotating in a clockwise direction into opposing lanes of travel resulting in a collision with the front of plaintiff's automobile.

PLAINTIFF'S CONTENTIONS:
The plaintiff contended that the defendant driver was in the course and scope of his employment with co-defendant employer at the time of the accident. The defendant driver was found to be the primary cause of the accident and in violation of California Vehicle Code section 22350, traveling too fast for traffic conditions and other improper driving.

Specials in Evidence

$100,000

Injuries

The plaintiff sustained an open fracture dislocation of the right ankle, which required two surgical interventions and a right wrist fracture. The plaintiff underwent surgery on her ankle on the day of the accident and underwent a second surgical procedure on Dec. 19, 2008, to correct multiple residual complications from the injury. It is expected that plaintiff will be subject to continuing residuals for the remainder of her lifetime to some degree and that she will require additional surgery and physical therapy into the future.

Result

The case settled for $1,390,000.