Facts

On Aug. 15, 2006, defendant Joseph Tauvar was driving a van southbound on Route 41 when he reportedly lost control while speeding and entered into the center median, causing a rollover collision. Plaintiffs Guillermo Mora, Rene Pinedo and Andres Garza were all passengers in the van. Mora was ejected from the vehicle and all the passengers sustained major injuries.

Tauvar was driving the van in the scope of his employment with Community Integrated Work Program (CIWP), a day care provider for severely disabled persons. Mora, Pinedo and Garza were under the care of CIWP at the time of the accident.

PLAINTIFFS' CONTENTIONS:
The plaintiffs claimed that Tauvar was both negligent and reckless in his operation of the van while they were under his care. The plaintiffs also contended that CIWP and ARA Group, the owner of the van, were vicariously liable for Tauvar's negligence. Further, the plaintiffs alleged that Charles Vasquez, another driver they claimed was involved in the accident, was driving negligently. The plaintiffs also claimed Mora was not properly restrained in his wheelchair at the time of the accident.

DEFENDANTS' CONTENTIONS:
Tauvar alleged that the accident was caused by Vasquez's erratic driving and road rage. Vasquez contended that he was not present during the accident and that he was unfairly implicated due to a witness's incorrect license plate identification.

Damages

The plaintiffs sought damages for past and future medical expenses as well as pain and suffering.

Injuries

Mora suffered a left frontal parietal epidural hematoma, C1 anterior tubercle fracture and pulmonary contusions. He was treated with a temporary surgical implantation of intracranial pressure monitor and placed under close observation. Pinedo sustained scalp abrasions, a right hand contusion, left ankle sprain, headaches and neck pain. He underwent chiropractic treatments for several months. Garza suffered a laceration to his right forearm and hand as well as a forehead abrasion. He also underwent chiropractic treatments for several months.

Result

The parties reached a settlement, under which Mora received $419,000, and Pinedo and Garza each recovered $33,000. Vasquez paid $30,000, and the rest of the settlement was provided by ARA Group and CIWP.