Facts

On Oct. 13, 2009, Kevin Green Jr., a City of Los Angeles paramedic, was driving north on the I-110 freeway near Sepulveda Boulevard, in the number 2 lane in the City of Los Angeles. Plaintiff observed defendant Manuel Rudy Gastelum's disabled truck ahead, blocking the number 1 lane. Plaintiff pulled his vehicle to a stop in the number 1 lane in front of the truck, in an effort to assist. He exited his vehicle and walked back to the disabled truck. While he was standing between his vehicle and the disabled truck, another vehicle traveling north impacted the truck, and pushed it forward into Plaintiff, whose leg was pinned between the front of the disabled truck and the rear of his vehicle.

The police investigation found that defendant Victoria Ndubaku, who disputed that finding, was driving the vehicle that impacted the disabled truck.

PLAINTIFF'S CONTENTIONS:
Plaintiff claimed that Gastelum's vehicle became disabled as a result of a solo accident caused by his negligence, when he lost control of his vehicle and impacted the center divider.

Plaintiff also claimed that Ndubaku failed to observe and avoid the disabled truck.

DEFENDANT'S CONTENTIONS:
Ndubaku contended that she swerved and avoided the disabled truck, except for a minor impact at the left front corner of her vehicle, which could not have pushed the disabled truck forward, and then she pulled over to the right edge of the freeway.

Gastelum contended that his vehicle became disabled when another unknown vehicle swerved in front of him and struck his truck.

Specials in Evidence

$138,000 $37,000

Injuries

Plaintiff suffered comminuted, compound fractures of the left leg (tibia and fibula), burn injuries to left leg with residual scarring, and emotional and psychological injury.

Result

The case settled for $550,000 before mediator Robert Tessier, Esq. Gastelum's insurer paid $500,000 policy limits. Ndubaku's insurer paid $50,000 policy limits. Economic damages were paid through workers' compensation, with reimbursement to city of $116,000 as a part of this settlement; future medical benefits retained as a part of settlement.

Other Information

FILING DATE: June 30, 2011.