Facts

On June 13, 2004, a vehicle driven by defendant Zoya Khan, who was 17 years old at the time, collided with the side of a vehicle driven by plaintiff Louise McNamara as McNamara approached the intersection of El Camino Real and Torrey Reserve Drive, causing McNamara's vehicle to spin across four lanes of traffic. McNamara brought an action against Zoya Khan, her father Abdul Khan, Patrick Benton, a passenger in Zoya Khan's vehicle, the City of San Diego, which was the roadway's owner, Park West Landscape Inc., which was the area's landscaper, and ICW Plaza LP, which was the office complex's owner.

PLAINTIFF'S CONTENTIONS:
McNamara claimed that Zoya Khan operated her vehicle negligently and that Abdul Khan was negligent in allowing her to use the vehicle. McNamara sued Benton as a joint venturer based on the fact that Khan was driving him to work. Further, she claimed that the city was negligent because it planted trees on the curve of the road, which made it difficult for motorists to observe the signal with sufficient time to stop or go on safely. She also claimed that Park West should have maintained trees in compliance with written provisions and permitted the trees to grow to such an extent that they hindered the visibility of drivers. Lastly, McNamara asserted that ICW negligently permitted signs to be put in a location that blocked the view of drivers leaving the complex.

DEFENDANTS' CONTENTIONS:
Zoya Khan admitted liability, but contended that other causes, including failure to maintain the trees lining the eastern edge of El Camino Real, contributed to the collision. Zoya Khan contended that visibility to the traffic signals was impeded significantly. Abdul Khan denied all responsibility for negligent entrustment because there was no evidence that Zoya Khan was unfit to operate the vehicle.

The city, Park West, and ICW denied any wrongdoing and noted that the lack of similar accidents in the past established that the intersection was safe and was in compliance with criteria. The city and Park West filed motions for summary judgment, arguing that compliance with design plans amounted to design immunity. Lastly, they contended that Khan was entirely liable for the accident.

Damages

Mcnamara's past medical expenses surpassed $2 million and her future medical costs amounted to $3 million. The defense asserted that future medical costs would amount to $500,000.

Injuries

McNamara sustained abrasions, a contusion, decubitus ulcer, emotional distress, ankle fracture, humerus fracture, multiple rib fracture, scapula fracture, frozen shoulder, hemothorax, hip injury, liver laceration, polyneuropathy, renal failure, respiratory distress, ruptured diaphragm, and spleen laceration. She required physical therapy.

Result

The parties reached a settlement, which consisted of $1.25 million from Zoya Khan, $1.25 million from Park West, $250,000 from ICW, $100,000 from Benton, $50,000 from the city, and $100,000 from Abdul Khan. McNamara's employer, which was not a party to this action, settled with McNamara for $350,000.

Other Information

Travelers Insurance Co. insured Park West, Inter-Insurance Exchange of the Automobile Club of Southern California insured Benton, Mercury Insurance Co. insured the Khans, Self Insured insured the City, and Chubb Insurance Co. and Travelers Insurance Co. insured ICW.