Confidential
Settlement – $390,000Judge
Court
Riverside Superior
Attorneys
Plaintiff
Defendant
Karen A. Feld
(Cota Cole & Huber LLP)
Experts
Plaintiff
Harry J. Krueper Jr.
(technical)
Facts
On Wednesday, March 13, 1996, at 1:30 p.m., plaintiff driver, age 39, was driving her 1993 Toyota Corolla on the Interstate-10 freeway just past the Main Street overcrossing near Cabazon in Riverside County. The other two plaintiffs were seat belted passengers, ages 50 and 70. Plaintiff driver was in the No. 1 lane traveling at 55-60 mph (the speed limit was 70 mph). It was raining and the roadway was wet. She lost control of her vehicle and it spun out, coming to rest upside down on the center median completely outside any lanes of traffic. The parties crawled out of the broken windows of the car and were standing by it. Defendant driver was traveling 65 mph when he saw plaintiffs' vehicle (which had already been involved in the roll over accident). He applied his brakes in an effort to slow down. His vehicle spun out of control, and skidded into the center median, where the car struck the plaintiffs. Water had collected in the No. 1 lane where both plaintiff and defendant had spun out. There were no warnings of any kind to indicate that water was collecting in this traffic lane. All witnesses confirmed that the plaintiff's vehicle was completely out of the traffic lanes when it was hit by defendant driver. All witnesses confirmed that defendant driver's vehicle spun out of control from the No. 1 lane and slid sideways into plaintiffs and their vehicle in the center median. The plaintiffs brought this action against the defendants based on a negligence theory of recovery, and the defendants contended that the plaintiffs were driving too fast for the roadway conditions. The defendants filed a cross-complaint against plaintiff driver for indemnity.
Settlement Discussions
Prior to the mandatory settlement conference, defendant driver settled with plaintiff passenger No. 1 for $40,000. Defendant corporation and the state did not offer any settlement monies prior to the mandatory settlement conference.
Specials in Evidence
$34,648.12 (plaintiff driver); $14,350.97 (plaintiff passenger No. 1); $21,536.11 (plaintiff passenger No. 2) $19,000 (plaintiff driver); $8,400 (plaintiff passenger No. 1)
Injuries
Plaintiff driver suffered a right tibia/fibula fracture which required open reduction, internal fixation surgery. She was hospitalized for four days. Upon release, she had home health care for several weeks. She also had various soft tissue injuries to her neck, shoulder and back. In addition to the surgery, plaintiff driver had physical therapy to all of the areas of her body injured in the accident and follow-up care with her orthopedist regarding the right leg injury. Plaintiff passenger No. 1 suffered a fractured left pelvis. He also had soft tissue injuries, lacerations and contusions. After conservative treatment, plaintiff passenger No. 1 essentially recovered from his injuries. Plaintiff passenger No. 2 sustained a fracture of the left ankle (lateral malleolus) which was casted, a severe ulceration of the left leg requiring substantial care for many months; severe laceration of the left ear requiring suturing; and various soft tissue injuries and contusions.
Other Information
The settlement was reached approximately one year after the case was filed. A settlement conference was held on March 30, 1998, before Judge Rich, resulting in the reported settlement. Defendant corporation paid $50,000 of settlement funds to plaintiff driver and no settlement money to plaintiff passengers.
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