Facts

On July 8, 2004, at approximately 1:30 p.m., plaintiff Bagnowski, a 64-year-old woman, was a passenger in a vehicle stopped for a red light at intersection of Juniper St. and 2nd Avenue in Escondido. Just as the light turned green, when the plaintiff's vehicle began to move forward, it was struck in the rear by a tow truck. The tow truck was not in tow.

PLAINTIFF'S CONTENTIONS:
The plaintiff contended that the defendant tow truck driver acted negligently by failing to slow, in violation of California Vehicle Code section 22350.

DEFENDANT'S CONTENTIONS:
The defendant disputed liability and the nature and extent of plaintiff's injuries.

Injuries

The plaintiff suffered soft tissue injuries to almost the entire right side of her body. The plaintiff alleged that as a result of the impact, she was jammed under the dashboard. She allegedly had a loss of consciousness and was transported to the hospital in an ambulance.

Result

The plaintiff and defendants agreed to settle this matter approximately one month prior to trial for $40,000.

Other Information

The parties attended one mediation with mediator Robert J. Kaplan, Esq. of Judicate West. The tow truck involved in the accident had a DriveCam video system in the vehicle, which recorded the accident. FILING DATE: July 7, 2006.